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
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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
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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
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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.
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CITY CLERK
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Date
ate of GrowthlStraw Ballot Question - Limiting Large Projects Reso.rev091 04a.doc
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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
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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
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