2004-25521 Reso
RESOLUTION NO. 2004-25521
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
THE CERTIFICATES OF THE RESULTS OF THE MARCH 9,
2004 SPECIAL ELECTION FOR THE CITY OF MIAMI
BEACH, AND DECLARING RESULTS THEREOF.
WHEREAS, on March 9, 2004, Miami-Dade County conducted the Presidential Preference
Primary Election, at which time the City of Miami Beach's Special Election was held presenting
seven ballot questions to City voters; and
WHEREAS, on January 14, 2004, City of Miami Beach Resolution No. 2004-25447 was
adopted, authorizing the Miami-Dade County Canvassing Board to serve as Canvassing Board for
the City of Miami Beach's March 9, 2004 Special Election; and
WHEREAS, the Certification of the results of the City of Miami Beach's March 9, 2004
Special Election, as certified by the Miami-Dade County Canvassing Board, has been received and
is attached hereto as Exhibit "A" and is incorporated herein; and
WHEREAS, said Certification reflects that:
Question No.1 as set forth below was approved by the electorate of the City of Miami Beach;
Question No.2 as set forth below was approved by the electorate of the City of Miami Beach;
Question No.3 as set forth below was approved by the electorate of the City of Miami Beach;
Question No.4 as set forth below was approved by the electorate of the City of Miami Beach;
Question No.5 as set forth below was approved by the electorate ofthe City of Miami Beach;
Question No.6 as set forth below was approved 'by the electorate of the City of Miami Beach; and
Question No.7 as set forth below was approved by the electorate of the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having canvassed the
returns of the March 9, 2004 Special Election of the City of Miami Beach, it hereby adopts the
Miami -Dade Canvassing Board's certificates as to the results of said Special Election and it is hereby
ordered that the Certificates of Election and this Resolution be recorded in the minutes of the
meeting as a permanent record of the results of said election; and be it further resolved that as a
result of the City of Miami Beach March 9, 2004 Special Election, the votes upon the questions
presented reflect the following results:
1
Question No.1:
AMENDING CITIZEN'S BILL OF RIGHTS TO PROTECT NATURAL
RESOURCES AND SCENIC BEAUTY
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCLUDE
WITHIN THE CITIZEN'S BILL OF RIGHTS A POLICY STATEMENT OF THE
CITY TO CONSERVE AND PROTECT ITS NATURAL RESOURCES AND
SCENIC BEAUTY, INCLUDING THE ABATEMENT OF AIR AND WATER
POLLUTION AND OF EXCESSIVE AND UNNECESSARY NOISE?
3,300 YES
727 NO
Question No.2:
AMENDING CHARTER SECTION 1.03(b) RE: LEASE/DISPOSAL OF CITY-
OWNED PROPERTY BY EXPANDING ITS APPLICABILITY
SHALL CHARTER SECTION 1. 03 (b) REQUIRING VOTER APPROVAL
BEFORE LEASE/DISPOSAL OF CITY -OWNED PARK, RECREATION,
WATERFRONT PROPERTY APPLY TO ADDITIONAL CITY PROPERTIES
(WEST OF NORTH SHORE OPEN SPACE; CULTURAL CAMPUS; AND
PARKING LOTS NEAR nND STREET, CONVENTION CENTER, LINCOLN
ROAD); REQUIRE PLANNING BOARD'S 4/7 AND CITY COMMISSION'S
5/7 VOTES BEFORE LEASE/DISPOSAL OF OTHER CITY-OWNED
PROPERTIES; INCREASE EXEMPT LEASE PERIOD FROM FIVE TO TEN
YEARS; EXEMPT INTERESTS/SETTLEMENT OF CLAIMS EXISTING AS
OF JANUARY 14TH, 2004?
2,942 YES
956 NO
Question No.3:
AMENDING CHARTER SECTION 1.03( c) RE: VOTER APPROVAL PRIOR
TO FLOOR AREA INCREASE
SHALL CHARTER SECTION 1.03(c) REQUIRING VOTER APPROVAL
BEFORE FLOOR AREA RATIO MAY BE INCREASED ON PROPERTIES
ADJACENT TO THE ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN
CREEK, OR BISCA YNE BAY, BE EXPANDED TO APPLY TO ALL
PROPERTY WITHIN CITY LIMITS; EXEMPTING THE DIVISION OF LOTS
OR THE AGGREGATION OF DEVELOPMENT RIGHTS ON UNIFIED
2
ABUTTING PARCELS (OTHERWISE PERMITTED BY ORDINANCE), AND
SETTLEMENT OF CLAIMS THE CITY HAS NOTICE OF AS OF
DECEMBER 10, 2003?
2,635 YES
1,284 NO
Question No.4:
AMENDING CHARTER SECTION 4.02(i) DELETING REOUIREMENT FOR CITY
ATTORNEY APPROVAL OF CITY MANAGER'S CONTRACT NEGOTIATIONS
SHALL SECTION 4.02(i) OF THE MIAMI BEACH CITY CHARTER REGARDING THE
CITY MANAGER'S POWER TO NEGOTIATE CITY CONTRACTS AND
AGREEMENTS BE AMENDED BY DELETING LANGUAGE SUBJECTING SAID
POWER TO APPROVAL OF THE CITY ATTORNEY, RETAINING LANGUAGE
REQUIRlNG CITY COMMISSION APPROVAL OF CITY MANAGER NEGOTIATIONS?
2,245 YES
1,565 NO
Question No.5:
AMENDING CHARTER ARTICLE V TO REOUIRE ECONOMIC IMPACT
STATEMENT
SHALL THE MIAMI BEACH CITY CHARTER, ARTICLE V THEREOF
REGARDING "BUDGET AND FINANCE", BE AMENDED TO REQUIRE
THAT THE CITY COMMISSION CONSIDER THE LONG TERM ECONOMIC
IMPACT (AT LEAST FIVE YEARS) OF LEGISLATIVE ACTS?
3,107 YES
774 NO
Question No.6:
AMENDING RELATED SPECIAL ACTS BY DELETING ARTICLE n
"PUBLIC LIBRARY" AND ARTICLE III "MUNICIPAL PROJECTS"
SHALL MIAMI BEACH RELATED SPECIAL ACTS, ARTICLE n THEREOF
3
ENTITLED "PUBLIC LIBRARY" AND ARTICLE III THEREOF ENTITLED
"MUNICIPAL PROJECTS", BE DELETED AS SAID LANGUAGE IS
OBSOLETE AND/OR REDUNDANT?
2,717
YES
1,075
NO
Question No.7:
SALE OF 2620 BIARRITZ DRIVE
SHALL THE CITY OF MIAMI BEACH SELL WATERFRONT PROPERTY
LOCATED AT 2620 BIARRITZ DRIVE IN MIAMI BEACH, FLORIDA
(SURVEY AND LEGAL DESCRIPTION OF PROPERTY ON FILE IN CITY'S
PUBLIC WORKS DEPARTMENT), WITH THE SALE PROCEEDS TO BE
UTILIZED FOR THE CITY'S RENOVATION OF THE NORMANDY SHORES
GOLF COURSE?
2,020 YES
1,917 NO
BE IT FURTHER RESOLVED AND DETERMINED that Question No.1 was approved,
Question No. 2 was approved, Question No. 3 was approved, Question No. 4 was approved,
Question No.5 was approved, Question No.6 was approved, and Question No.7 was approved:
PASSED and ADOPTED this 17th day of M ch,
ATTEST:
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CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR CUlION
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: MARCH 17,2004
TO: MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE GONZALEZ
FROM: MURRAYH.DUBBIWJJ ~
CITY ATTORNEY I Vv~
SUBJECT: CITY RESOLUTION ACCEPTING RESULTS OF THE MARCH 9, 2004 SPECIAL
ELECTION AND DECLARING ELECTION RESULTS
Attached hereto is a Resolution adopting the Certificates ofthe Results ofthe March 9, 2004 Miami
Beach Special Election for the City of Miami Beach, and declaring election results. The passage of this
Resolution effectively concludes acceptance of election returns for the City of Miami Beach's March 9,
2004 Special Election.
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F:lattoIOW\ELECTION\RESO\CMEMO\RESULT SP ELECTION-MARCH 2004.doc
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, ?:',dr-