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2004-25662 Reso RESOLUTION NO. 2004-25662 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, NOVEMBER 2, 2004, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH AN ADVISORY, NON-BINDING STRAW BALLOT QUESTION ASKING WHETHER THE MIAMI BEACH COMPREHENSIVE PLAN SHOULD BE AMENDED TO ESTABLISH ANNUAL LIMITS WHERE APPROPRIATE ON THE CONSTRUCTION OF NEW BUILDINGS THAT ARE LARGER THAN 50,000 SQUARE FEET. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: WHEREAS, the purpose and intent ofthis Resolution is to obtain an expression of elector sentiment with respect to a matter of substantial concern to the electors ofthe City of Miami Beach; and WHEREAS, the governing body ofthe City of Miami Beach finds that the issue of whether the Miami Beach Comprehensive Plan should be amended to establish annual limits where appropriate on the construction of new buildings that are larger than 50,000 square feet deserves an advisory, non-binding referendum to assess public support for this proposition. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws ofthe State of Florid a, 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 2, 2004, for the purpose of submitting to the electorate the advisory, non-binding straw ballot 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 Miami-Dade County's certification of the results of said Special 1 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 Miami-Dade County officials. SECTION 3. 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 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 Miami-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 ofthe 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 3313 9, each and every Wednesday until Oc to be r 4 ,2004, between the hours of9:00 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 Miami-Dade County. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Miami, Florida 33172, Telephone 305 499-8500. SECTION 5. Copies of the advisory, non-binding straw ballot question shall be made available to the electors at the office ofthe City Clerk 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, Miami-Dade County, Florida. Such publication 2 shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code ofthe City of Miami Beach. 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 2ND DAY OF NOVEMBER, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT QUESTION: ADVISORY, NON-BINDING STRAW BALLOT QUESTION - ANNUAL LIMIT ON LARGE PROJECTS SHOULD THE MIAMI BEACH COMPREHENSIVE PLAN BE AMENDED TO ESTABLISH ANNUAL LIMITS WHERE APPROPRIATE ON THE CONSTRUCTION OF NEW BUILDINGS THAT ARE LARGER THAN 50,000 SQUARE FEET? YES NO SECTION 8. The official ballot to be used in the Special Election to be held on November 2,2004, hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, NOVEMBER 2, 2004. NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY 3 THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M TO 7:00 P.M. ON THE 2ND DAY OF NOVEMBER, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW BALLOT QUESTION: ADVISORY, NON-BINDING STRAW BALLOT QUESTION -ANNUAL LIMIT ON LARGE PROJECTS. SHOULD THE MIAMI BEACH COMPREHENSNE PLAN BE AMENDED TO ESTABLISH ANNUAL LIMITS WHERE APPROPRIATE ON THE CONSTRUCTION OF NEW BUILDINGS THAT ARE LARGER THAN 50,000 SQUARE FEET? 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 Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of This resolution shall be effective immediate PASSED and ADOPTED this 30t1:rlay of ,2004. SECTION 11. ~:o faA~ CITY CLERK ?)fly' Date ate of GrowthlStraw Ballot Question - Limiting Large Projects Reso.rev091 04a.doc 4 City of Miami Beach - Straw Ballot Questions for November 2, 2004 Election Question 1 ADVISORY, NON-BINDING STRAW BALLOT QUESTION - BAY LINK STREETCAR RAIL SYSTEM. SHOULD MIAMI BEACH APPROVE THE CONSTRUCTION OF AN ELECTRICALLY OPERATED STREETCAR TRANSPORTATION SYSTEM COMMONLY KNOWN AS "BAY LINK", RUNNING ON TRACKS AND CONNECTING A LOOP AROUND DOWNTOWN MIAMI TO A LOOP AROUND SOUTH BEACH VIA A DEDICATED LANE ADDED TO THE MACARTHUR CAUSEWAY, PROVIDED THAT NO CONCURRENCY OR DEVELOPMENT CREDITS ARE GRANTED BY MIAMI BEACH FOR THE TRANSPORTATION SYSTEM AND PROVIDED FURTHER THAT ALL CONSTRUCTION COSTS ARE PAID ENTIRELY FROM FEDERAL, STATE, AND COUNTY FUNDS? Question 2 ADVISORY, NON-BINDING STRAW BALLOT QUESTION - 63RD STREET FL YOVER. SHOULD THE FL YOVER AT THE INTERSECTION OF 63RD STREET AND INDIAN CREEK BE PRESERVED (NOT DEMOLISHED)? Question 3 ADVISORY, NON-BINDING STRAW BALLOT QUESTION - ANNUAL LIMIT ON LARGE PROJECTS. SHOULD THE MIAMI BEACH COMPREHENSIVE PLAN BE AMENDED TO ESTABLISH ANNUAL LIMITS WHERE APPROPRIATE ON THE CONSTRUCTION OF NEW BUILDINGS THAT ARE LARGER THAN 50,000 SQUARE FEET? C:\Documents and Settings\clerparr\Local Settings\Temporary Internet Files\OLK4\Straw ballot questions 11-02-04.doc OFFICE OF THE CITY ATTORNEY <6~ t;f~1JmM F L o R D A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: AUGUST 301\ 200 TO: MAYOR DAVID DERMER, MEMBERS OF THE CITY COMMISSION FROM: MURRAYH.DUBBIN~~ CITY ATTORNEY SUBJECT: CITY OF MIAMI BEACH NOVEMBER 2,2004 SPECIAL ELECTION-STRAW BALLOT QUESTION: - ANNUAL LIMIT ON LARGE PROJECTS. Pursuant to the request of Commissioner Saul Gross, the attached Resolution has been drafted, calling for a November 2, 2004 special election on an advisory, non-binding straw ballot question regarding establishing annual limits on the construction of new buildings that are taller than 75 feet and bigger than 50,000 square feet. Inasmuch as September 3,2004 is the County's deadline date for passage of Resolutions for placement on the November 2, 2004 ballot placement of the subject straw ballot question on the November 2,2004 ballot would require passage of the attached Resolution today. F:latto\HELGIOrdinanceslRate of GrowthlStraw Ballot Question - Limiting Large Projects Mem.rev.doc ..JtJ--- Agenda Item 1700 Convention Center Drive - Fourth Floor -- Miami Bead Date R~F <6 - 3o-0~