Miami voters overwhelmingly approved a ballot question revolving around keeping already-installed outdoor fitness equipment in Maurice A. Ferré Park, according to unofficial election night results. The decision could potentially spark a lawsuit from a group of downtown residents who sued the city last week over what they called “misleading” referendum language.

The ballot question, introduced by Miami City Councilman Joe Carollo, asked voters whether the exercise equipment installed at the behest of the Bayfront Park Management Trust, a semi-autonomous city agency that Carollo chairs, should remain. When a contractor installed the outdoor gym in the fall, a group of downtown residents objected. After a review, the city’s Planning, Zoning and Appeals Board in November overturned the city’s approval of the outdoor gym because it did not follow proper permitting and design procedures.

Last week, half a dozen residents sued the city to stop authorities from counting and releasing the referendum results, arguing that the wording of the ballot question was “misleading” because it left out important details such as the appeals board’s decision. But a Miami-Dade District Court judge denied their request for a temporary restraining order, saying it was too late to stop the counting of results, according to the county’s election board.

Instead, Judge Jose Rodriguez wrote in his order that the issue could be taken up “after the election.” Marc Burton, an attorney for residents suing the city, said his clients plan to do so.

Documents the city included in court filings show the cost to purchase and install the outdoor gym was about $280,000. The gym consists of about 20 pieces of exercise equipment, including a rowing machine, a leg extension machine and an elliptical machine, according to an invoice from the contractor.

Despite the legal challenge, the next steps for the outdoor gym are unclear.

In response to the lawsuit, the city said in court filings that voters’ approval of the ballot question would “possibly” lead to the issuance of a new permit for the gymnasium – but not that the permit would be granted with certainty.

To complicate matters further, in late May the City Commission upheld the appeals board’s decision, effectively ordering the gym equipment removal. But two weeks earlier, the commission had already voted 3-1 to send the issue to voters. (This proposal came from Carollo in the form of a “pocket item,” meaning the item was not on the public agenda before the meeting.)

“By sending the question to the ballot, the City Commission essentially sought an unlawful third-instance appeal by the City Commission,” Burton said at a court hearing last week.

Burton said last week that his clients intend to challenge the ballot question after the election. He did not immediately respond to a question Tuesday evening about what the next steps would be.

Office of the Independent Inspector

Voters have approved two referendums on government oversight and will amend the city constitution to replace the auditor general’s office with a more powerful oversight agency, according to unofficial election night results.

By passing the two questions, voters abolished the existing oversight agency and created a new office of independent inspector general, with the power to subpoena witnesses and initiate investigations on its own – actions that the existing office was not allowed to take.

The new office will be able to review procurement and tendering processes as well as past, present and future city programs, accounts, records, contracts and transactions.

4th District Commissioner Manolo Reyes championed the two government oversight ballot questions. In a statement Tuesday night, Reyes said the new oversight office will “ensure our government operates transparently and efficiently, and instills confidence in the future of our city.”

“With the creation of the Office of the Inspector General,” Reyes said, “Miami is prepared to meet its challenges and emerge stronger. I want to thank the residents of our city for supporting this initiative that will put our city on the path to a better future and move it forward.”

The creation of the new Office of the Independent Inspector General follows a year in which numerous elected officials have been involved in litigation, ethics investigations and, among other things, criminal charges related to their public office.

Miami Herald reporter Catherine Odom contributed to this report.