Miami-Dade Legislative Item
File Number: 061795
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File Number: 061795 File Type: Resolution Status: Adopted
Version: 0 Reference: R-820-06 Control: County Commission
File Name: METROZOO ARTICLE 6 COUNTYWIDE REFERENDUM Introduced: 6/13/2006
Requester: Park & Recreation Department Cost: Final Action: 7/6/2006
Agenda Date: 7/6/2006 Agenda Item Number: 8M1E
Notes: KGM Title: RESOLUTION CALLING FOR A SPECIAL ELECTION IN CONJUNCTION WITH A COUNTYWIDE ELECTION IN MIAMI-DADE COUNTY FLORIDA TO BE HELD TUESDAY, NOVEMBER 7, 2006, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE COUNTY SHALL BE ABLE TO CONTRACT TO DEVELOP AND OPERATE AN ENTERTAINMENT DISTRICT, TO INCLUDE A WATER PARK, A FAMILY ENTERTAINMENT CENTER, RELATED RETAIL CONCESSIONS, FOOD AND DRINK ESTABLISHMENTS, AND A HOTEL, ON METRO ZOO PROPERTY OUTSIDE OF THE ANIMAL ATTRACTIONS IN ORDER TO SUPPORT EXPANDING FACILITIES AND EDUCATION AND CONSERVATION PROGRAMS AT METRO ZOO
Indexes: METROZOO
  REFERENDUM
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/6/2006 8M1E Adopted P

Intergov., Recreation & Cultural Affairs Cmte. 6/14/2006 3G Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Monica Maldonado read the foregoing resolution into the record. Hearing no questions or comments, the Committee proceeded to vote on the foregoing proposed resolution.

County Attorney 6/13/2006 Assigned Dennis A. Kerbel 6/13/2006

County Manager 6/13/2006 Additions Intergov., Recreation & Cultural Affairs Cmte. 6/14/2006

County Manager 6/13/2006 Assigned County Attorney 7/6/2006
REPORT: PARKS(IRCA 6/14/2006)

County Manager 6/13/2006 Assigned Alex Munoz 6/13/2006 6/13/2006

Legislative Text


TITLE
RESOLUTION CALLING FOR A SPECIAL ELECTION IN CONJUNCTION WITH A COUNTYWIDE ELECTION IN MIAMI-DADE COUNTY FLORIDA TO BE HELD TUESDAY, NOVEMBER 7, 2006, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE COUNTY SHALL BE ABLE TO CONTRACT TO DEVELOP AND OPERATE AN ENTERTAINMENT DISTRICT, TO INCLUDE A WATER PARK, A FAMILY ENTERTAINMENT CENTER, RELATED RETAIL CONCESSIONS, FOOD AND DRINK ESTABLISHMENTS, AND A HOTEL, ON METRO ZOO PROPERTY OUTSIDE OF THE ANIMAL ATTRACTIONS IN ORDER TO SUPPORT EXPANDING FACILITIES AND EDUCATION AND CONSERVATION PROGRAMS AT METRO ZOO

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, Miami-Dade County has prepared feasibility studies, site plans and facility designs to further develop lands within and adjacent to Metro Zoo into an Entertainment District composed of a zoological park, water park, a family entertainment center, food and drink establishments, and a hotel; and

WHEREAS, the development and operation of the water park, family entertainment center, food and drink establishments, and hotel will be provided through contracts with private entities; and

WHEREAS, proceeds from the further development of County land will be used to support facilities and educational and conservation programs at Metro Zoo; and

WHEREAS, Article 6 of the Miami-Dade County Charter restricts private uses of public property without first being approved by a majority vote of the voters in a County-wide election; and


WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida finds it necessary and appropriate and in the best interest of the County to place before voters a county-wide referendum to approve private development and operation of these attractions in support of further development at Metro Zoo,

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY:
Section 1. A special election in conjunction with the countywide election in Miami-Dade County is hereby called and shall be held in Miami-Dade County, Florida on Tuesday, November 7, 2006, for the purposes of submitting to the qualified electors of Miami-Dade County the ballot item to approve commercial uses pursuant to Article 6 of the County Charter in the form attached hereto and made a part hereof.
Section 2. Notice of such special election shall be published in accordance with Section 100.342 of the Florida Statutes.
Section 3. The result of such special election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such special election shall be open 7:00 a.m. until 7:00 p.m. on the day of such special election. All qualified electors of Miami-Dade County, Florida shall be entitled to vote at said election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until thirty (30) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of the general election laws. The question shall appear in substantially the following form:

Agenda Item No.
Page 3



REFERENDUM ALLOWING
FURTHER DEVELOPMENT AT METROZOO PROPERTY
Provided that revenues will be used to expand Metrozoo facilities and educational and conservation programs, shall the County be allowed to contract to develop and operate an entertainment district to include commercial uses and structures such as water park rides, attractions, food and beverage establishments, a hotel, a family entertainment center, and gift shops and other concessions on Metrozoo property on land that is not environmentally sensitive and is outside the animal attractions?

Yes
No
Section 4. The form of the ballot shall be in accordance with the requirements of the general election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of the general election laws.
Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this proposal at said special election. The form of such absentee ballot shall be in accordance with the requirements prescribed by the general election laws, and shall have printed thereon the question hereinabove set forth, with proper place for voting either "YES" or "NO" following the statement of the question aforesaid.
Section 7. A sample ballot showing the manner in which the question aforesaid will appear at this special election shall be published and provided in accordance with the applicable provisions of the general election laws.
Section 8. This special election on the proposal aforesaid shall be held and conducted in accordance with the applicable provisions of the general laws relating to special elections and the provisions of the Miami-Dade County Home Rule Charter. The County Manager, the Finance Director, the Supervisor of Elections and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This special election shall be

Agenda Item No.
Page 4


a nonpartisan election. Election officials in connection with this special election shall be appointed in accordance with the provisions of the general election laws.
Section 9. This special election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 2.07 of the Home Rule Charter.


The foregoing resolution was sponsored by Commissioner Dennis C. Moss and offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows:
Joe A. Martinez, Chairman
Dennis C. Moss, Vice Chairman
Bruno A. Barreiro Jose “Pepe” Diaz
Audrey M. Edmonson Carlos A. Gimenez
Sally A. Heyman Barbara J. Jordan
Dorrin D. Rolle Natacha Seijas
Katy Sorenson Rebeca Sosa
Sen. Javier D. Souto

The Chairperson thereupon declared the resolution duly passed and adopted this day of , 2006. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS

HARVEY RUVIN, CLERK

By:_____________________
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency: ______________
Dennis A. Kerbel


HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Metrozoo Special Election Article 6 Countywide Referendum


STAFF RECOMMENDATION

It is recommended that the Board approve the attached resolution, which calls for the placement of a special election referendum held in conjunction with the November 7, 2006 general election. This is being requested to comply with provisions of Article 6 of the Miami-Dade County Charter and allow the County to contract to develop and operate commercial uses and structures such as a family water park, a family entertainment center, food and drink establishments, and a moderately priced hotel at the Metrozoo property. Revenues from these concession agreements will provide additional support for education and conservation programs and facilities at Metrozoo.

MANAGER'S BACKGROUND

On June 3, 1997, the Board directed the County Manager to study the feasibility of creating a special theme park in Miami-Dade County (R-638-97) on both County-owned and non-County-owned areas around Metrozoo. The report was presented to the Board in October 1997. On September 9, 1999, the Board directed the County Manager to prepare a new master plan for the Metrozoo property and provide for the further development of complimentary theme park attractions on other County and non-County owned lands (R-971-99).

In May 2002, the Park and Recreation Department completed the “Miami Metrozoo Master Plan and Further Development Plan” project addressing both County and non-County owned lands. On July 11, 2002, a Governmental Facility Hearing item approving the new Miami Metrozoo Master Plan (R-745-02) that focused only on the publicly-owned and operated animal attraction. The approval permitted the immediate expenditure of existing Safe Neighborhood Bonds, donations and other funding toward a larger, more entertaining zoo experience. Remaining portions of the Plan that addressed publicly-owned, but privately operated water park, family entertainment center and hotel were determined to require additional development approvals including the transfer of existing deed restrictions that resulted from the conveyance of the property from the Federal Government, land use, zoning and public referendum actions.

The Park and Recreation Department entered into the required process to transfer those deed restrictions. On the agenda today is another agenda item addressing the deed restriction transfer and requesting authority for the Manager to enter into an agreement with the U. S. Army that will enable that process to move forward.


Honorable Chairman and Members
Board of County Commissioners
Page 2


In addition, Article 6 of the Miami-Dade County Charter requires that commercial uses of public park property, as determined by the County Attorney’s Office to be the case at the Metrozoo property, be approved by a majority of the voters in a countywide referendum. Therefore, I am recommending that this referendum be held in conjunction with the November 7, 2006 General Election.

On approval by the Federal Government of the conveyance of deed restrictions and the approval by voters of the uses and structures contained in this referendum, the process for modifying land use and zoning will proceed.

Attachments




_____________________
Alex Muñoz
Assistant County Manager



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