08-16-05 Item 1a1 Ci ty of South Miami DRAFT 2 Regular City Commission Minutes
3 July 26, 2005
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, July 26, 2005, beginning at 7:00
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Mary Scott Russell, Vice Mayor Velma Palmer and,
14 Commissioners Randy G. Wiscombe, Marie Birts- Cooper and Craig Z.
15 Sherar.
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17 Also in attendance were: City Attorney Luis Figueredo, City
18 Manager Maria V. Davis and City Clerk Maria M. Menendez.
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20 B. Invocation: The invocation was delivered in silence.
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22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentation(s)
26
27 1) Certificates of Completion of the Institute for Elected
28 Municipal Officials presented to: Vice Mayor Palmer and
29 Commissioner Birts- Cooper.
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31 Vice Mayor Palmer and Commissioner Birts- Cooper were
32 presented with Certificates of Completion of the Institute for
33 Elected Municipal Officials from the Florida Institute of
34 Government at Florida State University, where they attended a
35 seminar this past June.
36
37 2) Proclamation for Officer Henry Guzman being selected by
38 the Florida Police Chiefs Association for the "Lee
39 McGehee Officer of the Year Award."
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41 Officer Guzman was presented with this most prestigious and
42 well deserved award.
43
44 3) Officer(s) of the Month award for the month of June:
45 Detectives Richard Mun6z and Joseph Duran.
46
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1 Officers Munoz and Duran were then presented with the
2 "Officers of the Month" award for the month of June for a job
3 well done.
4
5
6 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
7
8
9 1. Approval of Minutes:
10 (NONE)
11
12 2. City Manager's Report:
13
14 Ms. Davis explained that the survey for the EAR process is
15 going out in the mail today.
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17 Commissioner Birts- Cooper asked Ms. Davis regarding the
18 Phase 1 building in Murray Park, about the holes that are on the
19 wall which she says it looks bad and requested Ms. Davis to
20 conduct a walk through. She also reminded the Manager about the
21 trees that need to be replaced. She also said that she had
22 visited Shawn Nealy today and that her house is infected with
23 rats and that there are pictures to prove it.
24
25 Commissioner Sherar inquired about the status on the right -
26 of -way abandonment on SW 50th Street. He then referred to the
27 improvements to the intersection at SW 64th Street and SW 67th
28 Avenue and the proposed design by the County. Mayor Russell asked
29 Ms. Davis to coordinate a meeting with the Public Works Director
30 and the Commissioner so that the Director may explain what is
31 being proposed. Commissioner Sherar also said that he is
32 concerned with the future of SW 80th Street and that it should be
33 kept with the character of the neighborhood.
34
35 Commissioner Wiscombe said that staff needs to ask Starbucks
36 to clean up in front of the store.
37
38 3. City Attorney's Report
39 (NONE)
M
41 PUBLIC REMARKS
42 (5- minute limit)
43
44 David Tucker Sr. addressed the Commission with regard to
45 history in relation to the separation of church and state.
46
47 Walter Harris urged the Commission to make sure that they
48 have the correct information when they vote on any issue.
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Mr. O'Donniley for clarification purposes, spoke in response
to the previous speaker's remarks. Mr. O'Donniley said that when
staff realized that the wrong drawing was in the package it was
already too late. He then explained in detail the reasons for
that.
Yvonne Beckman referred to item no. 8 on the agenda. She
then urged the Commission to have a comprehensive rule in place
regarding green space requirements.
Historic Preservation Board Vice - Chairperson, .Ann Marie
Clyatt, asked for a moment of silent in remembrance of the late
Historic Preservation Board member, James Dean, who recently
passed away. She then commended staff for their work relating to
item no. 11 on the agenda.
Beth Schwartz referred to item no. 17. Mr. O'Donniley
explained that staff will be holding a meting to discuss this
issue.
Bob Welsh spoke on item no. 19 relating to recreational
vehicles, and referred specifically to the definition, vans
without rear or side windows... He then said to be concerned with
this and asked whether there will be further clarification on
such definition as to what a recreational vehicle is. He also
asked for clarification regarding vans that have ten seats or
more in them...
Mr. Figueredo said that the ordinance provides that the vans
that seat more than nine people would be considered recreational
vehicles.
Sharon McCain referred to a public records request that she
has submitted a few days ago which she would like to have. She
then referred to item no. 9 on the agenda relating to attorneys'
fees which does not show the account balance.
With no further speakers, the public remarks section was
closed.
At this point Commissioner Sherar pulled items no. 4, 5, 6 &
8 (now nos. 7, 8, 9 & 10 respectively).
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MINUTES - July 26, 2005
3
1 CONSENT
2
3 96 -05 -12075
4 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
6 MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE
7 FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) FOR
8 GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF
9 OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT
10 TO SECTION 23.1225 (3), FLORIDA STATUTES; PROVIDING
11 FOR EFFECTIVE DATE. 3/5
12 (City Manager)
13
14 97 -05 -12076
15 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
16 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
17 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
18 FIGUEREDO, P.A. IN THE AMOUNT OF $27,666.78; CHARGING
19 $27,666.78 TO ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL
20 SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5
21 (City Attorney)
22
23 98 -05 -12077
24 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
26 FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $6,169.00;
27 CHARGING ACCOUNT NO. 2100 - 519 -3440, CONSULTANT LABOR
28 ATTORNEY; PROVIDING FOR EFFECTIVE DATE. 3/5
29 (City Attorney)
30
31 Moved by Commissioner Wiscombe, seconded by Commissioner
32 Sherar, the motion to approve the Consent Agenda passed by a 5 -0
33 vote:
34
35 Commissioner Wiscombe: Yea
36 Commissioner Sherar: Yea
37 Vice Mayor Palmer: Yea
38 Commissioner Birts- Cooper: Yea
39 Mayor Russell: Yea
40
41
42
43
44 7. A RES
45 THE CITY
46 MANAGER
RESOLUTION (S)
(Pulled from the Consent Agenda)
OLUTION OF THE MAYOR AND CITY COMMISSION OF
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
TO EXECUTE AN AGREEMENT WITH HOMESTEAD
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CONCRETE & DRAINAGE, INC. FOR CHURCH STREET
IMPROVEMENTS - PHASE II CONSTRUCTION IN AN AMOUNT OF
$215,114.40 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE
OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) ACCOUNT
NUMBERS 001 - 0000 - 131 -1456 AND 001 - 0000 - 131 -1416 AND
U.S. EPA STAG GRANT WITH ACCOUNT NUMBER 106- 1721 -536-
6550; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer to approve this item.
Commissioner Sherar pulled this item from the Consent Agenda
to say that there are other streets in the CRA area which could
use a lot more attention, such as Progress and Commerce Lane
which represent a valuable economic center that we have.
Mayor Russell explained that Progress and Commerce Lane have
been part of discussions of the Commission, a study has been made
and that is another issue; this has been underway for several
years now and is coming to us in phases; we are finishing
something that we began a long time ago, little by little; this
money has been allocated specifically for Church Street by OCED.
Progress and Commerce are not being neglected or ignored; we are
planning, to make improvements there and it is on our list. We
cannot do everything at once, we are doing them in phases; she
said this as a point of clarification.
Commissioner Sherar said that OCED could care less about
what we are doing there; they want to increase the infrastructure
capacity for future development of Miami Gardens.
Ms. Davis, in response to Vice Mayor Palmer's inquiry,
explained that the funding from OCED is recommended through the
CAA; we do not determine what projects are done through OCED
dollars; the CAA first determines it and they make the
recommendation to OCED, and our applications are based on those
recommendations.
Mr. Balogun explained that the improvements plan for Church
Street were created at least five years ago as per the
recommendations to OCED by CAA and the recommendations are still
consistent; these recommendations defines the parities of the
community's targeted area; so this was created as one of the
parities in which we had to do a master plan for the entire
corridor of Church Street; this was not funded totally because it
is such a huge project that we needed to phase it out.
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Ms. Davis said that she has had several discussions with the
Public Works Director about sidewalk replacement and resurfacing
of the streets and they have been designated in the master plan.
Mr. Balogun said that in addition to that, we have added
more projects to our requests to OCED which included Commerce
Lane for improvements; however, just as any other funding agency,
they do not want to stop where they started, but continue as
planned.
Commissioner Birts- Cooper said that she agrees that the
project has to proceed as planned.
With no further comments or discussion the motion to approve
this item passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
100 -05 -12079
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL
MASTER SERVICES; RE- APPOINTING ENRIQUE ZAMORA, ESQ.;
CAROLYN Y. HOWARD, ESQ., AND MAURICE DONSKY, ESQ. AS
SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE
OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED
TO ACCOUNT #001 - 0000 - 341 -9040 ENTITLED "CODE
ENFORCEMENT FINES REVENUE ACCOUNT "; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner
Wiscombe to approve this item.
Commissioner Sherar said that his conscious does not allow
him to vote for something that he does not believe in.
With no further comments or discussion the motion to approve
this item passed by a 4 -1 vote:
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MINUTES - July 26, 2005
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
ri-
1
2 101 -05 -12080
3 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
5 MANAGER TO ISSUE A SERVICE WORK ORDER TO H.J. ROSS FOR
6 PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION
7 PHASE OF THE CHURCH STREET IMPROVEMENTS - PHASE II, IN
8 AN AMOUNT OF $18,548.00 TO BE CHARGED TO MIAMI -DADE
9 COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT
10 (OCED) GRANT ACCOUNT NUMBER 001 - 0000 -131 -1416;
11 PROVIDING FOR AN EFFECTIVE DATE. 3/5
12 (City Manager)
13
14 Moved by Commissioner Wiscombe, seconded by Vice Mayor
15 Palmer to approve this item.
16
17 Commissioner Sherar said that he had already expressed his
18 view on this issue when discussing the prior item regarding
19 Church Street improvements.
20
21 With no further comments or discussion the motion to approve
22 this item passed by a 4 -1 vote:
23
24 Commissioner Wiscombe: Yea
25 Commissioner Sherar: Nay
26 Vice Mayor Palmer: Yea
27 Commissioner Birts - Cooper: Yea
28 Mayor Russell: Yea
29
30
31 102 -05 -12081
32 10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
33 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
34 SUBMIT A GRANT APPLICATION FOR FUNDING THROUGH THE
35 FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR
36 THE ACQUISITION OF THE DISON PROPERTY; PROVIDING AN
37 EFFECTIVE DATE. 3/5
38 (City Manager)
39
40 Moved by Vice Mayor Palmer, seconded by Commissioner
41 Wiscombe to approve this item.
42
43 Ms. Davis, in response to Commissioner Sherar's concerns
44 regarding this item, explained that she anticipates receiving the
45 third appraisal tomorrow; once she has the three appraisals, then
46 she wants to discuss the purchase price with the owner; she will
47 then be bringing it to the Commission as a budget item when we do
48 our budget workshops. She asked the Commission for an apology for
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1 not including some of the back up with this item, but she could
2 not put it because she did not have the third appraisal, but this
3 is something that she will be presenting to the Commission within
4 two to three weeks.
5
6 Commissioner Sherar said he understands the need for making
7 this application but that we still need to deal with the impact
8 fee situation.
9
10 Mayor Russell concurred with Commissioner Sherar about the
11 need to bring forward some type of mechanism addressing the
12 impact fee issue.
13
14 Ms. Davis explained, in response to the Vice Mayor's
15 concern, that there are other grant applications that we are
16 looking at for land acquisition that could offset whatever this
17 does not cover on the Dison property.
18
19 Grant Writer, Joanna Revelo explained, to answer another of
20 the Vice Mayor's concerns, that the grant applications depend on
21 the funding agency, but usually, the way that the grant
22 application works is that the more specific you are, the better
23 chance you have of receiving a grant award.
24
25 Vice Mayor Palmer said that she understands; however, it
26 would be a good idea if we could put the grant money in a pot so
27 that it may be used later at some point when an opportunity
28 arises.
29
30 With no further comments or discussion the motion to approve
31 this item passed by a 5 -0 vote:
32
33 Commissioner Wiscombe: Yea
34 Commissioner Sherar: Yea
35 Vice Mayor Palmer: Yea
36 Commissioner Birts- Cooper: Yea
37 Mayor Russell: Yea
38
39
40 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
41
42 21 -05 -1843
43 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
44 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
45 OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF
46 SOUTH MIAMI, FLORIDA, AUTHORIZING AD VALOREM TAX
47 EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO HISTORIC
48 PROPERTIES FOR A PERIOD OF 10 YEARS; ESTABLISHING
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REQUIREMENTS AND PROCEDURES; DESIGNATING THE CITY OF
SOUTH MIAMI HISTORIC PRESERVATION BOARD TO REVIEW AND
REPORT ON APPLICATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
Mr. O'Donniley presented this item. The purpose of this
ordinance is to provide an incentive to owners of historic
buildings to restore and renovate their properties. The Planning
and Historic Preservation Boards, as well as staff, have
recommended adoption of the ordinance.
The public hearing was opened.
Yvonne Beckman urged the Commission to adopt this ordinance
as written, adding that we need historic preservation in South
Miami.
Ann Marie Clyatt also spoke in favor of this ordinance. She
explained that this will allow the owners of historic properties
to apply for this exemption at the County level as well. She also
said that we lost a couple of designations probably for not
having this ordinance in place.
With no further speakers the public hearing was closed.
Commissioner Wiscombe said that he agrees wholeheartedly
with the need for this ordinance; however, he wished that he
could have shared the information he has with the Commission in
regards to other municipalities, such as St. Augustine, Miami
Beach, Coral Gables, Chicago, New Orleans, Atlanta, Charleston
South Carolina and Savannah Georgia. He said that it would have
been a good idea that the Commission had gotten a chance to look
through the information he has to see what other communities are
doing in terms of incentives.
Commissioner Sherar said for clarification, that the reason
for which he voted against the Allen Drugstore designation was to
go along with the owner's desire because he believes that owners
should be able to do what they want with their property;
therefore, this kind of incentive will hopefully encourage people
to support future historic designations.
With no further comments or discussion the motion to approve
this item passed by a 5 -0 vote:
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Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
22 -05 -1844
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE IN ORDER TO ASSIST PROPERTY OWNERS OF
DESIGNATED HISTORIC BUILDINGS BY CREATING SECTION 20-
4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO
DESIGNATED HISTORIC SITES" WHICH PROVISIONS WOULD
MODIFY THE APPLICABILITY OF CERTAIN DEVELOPMENT
REGULATIONS (NON- CONFORMING SIGNS, OFF STREET PARKING
REQUIREMENTS, CONTINUATION OF NON - CONFORMING USES,
VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES:
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Mr. O'Donniley presented this item. He reminded the
Commission that at the last meeting, Mayor Russell and
Commissioner Wiscombe had asked staff to look at a number of
additional incentives, some of which have been included in the
proposed ordinance. He added that the Planning Department is also
researching two additional incentives which other cities have
provided to owners of historic properties. These include Transfer
of Development Rights (TDR), and exemption from payment of
building permit fees. Both the Planning Board and staff recommend
approval of the proposed ordinance.
The public hearing was opened and closed with no speakers.
With no further comments or discussion the motion to approve
this item passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
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1 At this time the Mayor asked for a moment of privilege,
2 calling Ms. Clyatt to lead the Commission in a moment of silence
3 remembering Mr. James Dean; it is an appropriate time since we
4 have just accomplished something rather historic for us, the
5 Mayor added.
6
7 23 -05 -1845
8 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN
10 INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY TO PROVIDE
11 CONTROL OF POLLUTANT DISCHARGES BETWEEN MUNICIPAL
12 SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL
13 POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT
14 NO. FLS000003; PROVIDING FOR SEVERABILITY; ORDINANCES
15 IN CONFLICT; AND AN EFFECTIVE DATE. 3/5
16 (City Manager)
17
18 Moved by Commissioner Sherar, seconded by Commissioners
19 Birts- Cooper and Wiscombe to approve this item.
20
21 Mr. Balogun presented this item, explaining that this is the
22 continuation of our ongoing interlocal agreement with Miami -Dade
23 County for the control of discharges from any and all municipal
24 separate storm sewer systems. The City's share is $1,350
25 annually.
26
27 The public hearing was opened and closed with no speakers.
28
29 With no further comments or discussion the motion to approve
30 this item passed by a 4 -0 vote:
31
32 Commissioner Wiscombe: Yea
33 Commissioner Sherar: Yea
34 Vice Mayor Palmer: Out of the Room
35 Commissioner Birts- Cooper: Yea
36 Mayor Russell: Yea
37
38 24 -05 -1846
39 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
40 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
41 DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN
42 PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
43 PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY
44 ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE
45 ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING
46 BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING
47 SPACES AND TO PREPARE NECESSARY AMENDMENTS; PROVIDING
48 THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL
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1 NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD;
2 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
3 AND PROVIDING AN EFFECTIVE DATE. 3/5
4 (Mayor Russell)
5
6 Moved by Commissioner Sherar, seconded Commissioner Wiscombe
7 to approve this item.
8
9 Mr. O'Donniley presented this item. The City Commission in
10 1999 adopted a limited parking moratorium ordinance, modifying
11 and suspending certain provisions that allow for the reduction of
12 required parking spaces for a period of nine months. The
13 ordinance was subsequently extended on four different occasions.
14
15 The floor was opened for public hearing.
16
17 Cal Rosenbaum said that he has always been extraordinarily
18 vocal regarding parking in the City. He said that we are now
19 experiencing the beginnings of gridlock on this side of Dixie
20 Highway. He then urged the Commission to vote unanimously in
21 favor of this moratorium.
22
23 Yvonne Beckman said that parking is a commodity in South
24 Miami. She then urged the Commission to remember to put some
25 money in the "pot" for affordable housing and attach it to all
26 the concessions that they are going to give for parking.
27
28 With no further speakers, the public hearing was closed.
29
30 Commissioner Wiscombe said that, with the help of the
31 Commission, he put the first moratorium in place and that he will
32 be supporting it until we get some answers and figure out where
33 we are going with this.
34
35 Commissioner Sherar said that with a moratorium in place,
36 subsections 4, 5 and 6 under Section 1 are inoperative because
37 under a moratorium, before anyone can get anything, and according
38 to the size of the building, will have to come before the
39 Commission on a 4/5 vote. He said that he has certain issues with
40 subsections 4, 5 and 6 on the size limits.
41
42 Mr. O'Donniley said that subsections 4, 5 and 6 were added
43 mostly for clarification purposes.
44
45 Commissioner Wiscombe suggested leaving subsections 4, 5 and
46 6 in, and they can address them later during the EAR process.
47
48 Commissioner Sherar moved to amend the ordinance: on page 2,
49 line 36, by striking 25,000 and putting in 10,000; on line 37,
50 strike 10,000 and put in 5,000; on line 45, strike 25,000 and put
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1 in 10,000; on line 46, strike 10,000 and put in 5,000. The motion
2 died for lack of a second.
3
4 Commissioner Sherar moved for another amendment to the
5 ordinance as follows: on page 3, to insert a new section between
6 Sections 3 and 4, with the following language: Section 20 -8.10
7 entitled "Bonus allocations" is hereby suspended for development
8 within the boundaries of the Transit Oriented Development
9 District (TODD)for a period of nine months for the purpose of
10 evaluating the effects and appropriateness of this provision on
11 future developments within the TODD.
12
13 Mayor Russell said that even though she does not disagree
14 with Commissioner Sherar's suggested amendment above that this
15 needs to be looked at it carefully and well thought out; she said
16 that in her opinion this should be left as it is and bring this
17 subject back at a subsequent meeting.
18
19 Vice Mayor Palmer asked staff whether subsections 4, 5 and 6
20 referred above will be obsolete when the nine months expire.
21
22 Mr. O'Donniley explained that the Land Development Code is
23 in front of the Planning Board; they are conducting hearings and
24 they have gone through the entire code once and they are now
25 going through the public input part of that. Nine months might
26 not be needed, however, it is better to have it in place just in
27 case.
28
29 With no further comments or discussion the motion to approve
30 this item passed by a 5 -0 vote:
31
32 Commissioner Wiscombe: Yea
33 Commissioner Sherar: Yea
34 Vice Mayor Palmer: Yea
35 Commissioner Birts - Cooper: Yea
36 Mayor Russell: Yea
37
38
39 25 -05 -1847
40 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CODE OF
42 ORDINANCES, CHAPTER 7, BUILDINGS; BY ADDING SECTIONS
43 7 -13, SITE DEBRIS AND 7 -14, HURRICANE PROTECTION;
44 PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES
45 IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
46 (City Manager)
47
48 Moved by Commissioner Sherar, seconded Commissioner Wiscombe
49 to approve this item.
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1 Ms. Davis presented this item explaining that this is an
2 ordinance amending the code to provide construction site debris
3 to be picked up and secured in the event of a' hurricane warning.
4 This gives us the authority to cite the property owner, or go in
5 and clean up the site so that it does not endanger adjoining
6 properties.
7
8 Public hearing was opened and closed with no speakers.
9
10 With no further comments or discussion the motion to approve
11 this item passed by a 5 -0 vote:
12
13 Commissioner Wiscombe: Yea
14 Commissioner Sherar: Yea
15 Vice Mayor Palmer: Yea
16 Commissioner Birts- Cooper: Yea
17 Mayor Russell: Yea
18
19
20 RESOLUTION (S) /PUBLIC HEARING (S)
21
22 103 -05 -12082
23 16. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
25 FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND
26 DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING
27 SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE
28 OF 10,000 SQUARE FEET IS REQUIRED; A VARIANCE FROM
29 SECTION 20- 4.4(E)(7)(B) OF THE LAND DEVELOPMENT CODE
30 TO ALLOW EXISTING PARKING SPACES TO BE WITHIN 15 FEET
31 OF AN INTERSECTION AND TO BACK OUT INTO A PUBLIC
32 RIGHT -OF -WAY; A VARIANCE FROM THE PARKING SPACE
33 DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF
34 THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF
35 ABUTTING LANDSCAPE WHERE 5 FEET IS REQUIRED; ALL ON
36 PROPERTY LOCATED AT 7001 SW 61 AVENUE, SOUTH MIAMI,
37 FLORIDA, WITHIN THE "MO" MEDIUM- INTENSITY OFFICE
38 ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO
39 PERMIT THE CONSTRUCTION OF A NEW THREE STORY MIXED USE
40 BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
41 (City Manager)
42
43 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
44 to approve this item.
45
46 Mr. O'Donniley presented this item, supporting his
47 description with visual renderings to provide the Commission with
48 a better understanding of the location of the above - reference
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property.
This was a quasi - judicial hearing, speakers were sworn in
and the Mayor opened the public hearing.
Alex Rodriguez, the contractor representing Dr. Mun6z,
addressed the Commission saying that they would need the help of
the Commission in order to get fifteen parking spaces on the
site. They are requesting to maintain the existing spaces that
they already have onsite, and reducing the landscape buffer on
the south side of the property.
Dr. Mun6z introduced himself as a pediatrician with the
Miami Children's Hospital. He explained that he would like to be
able to bring to this community a pediatric center with an
obesity and nutrition clinic. He urged the Commission to help him
accomplish his plans which will be of great benefit to the City.
Mayor Russell asked about the type of retail that the Doctor
was referring to. He answered that his goal is to have
nutritional supplies there; however, if they rent the space out
the type of retail will be up to the tenant.
Mr. Rodriguez continued to explain that Dr. Mun6z would like
to be able to set up a gym on the second floor where his patients
could exercise.
Mr. Tucker said that the requested variances are asking for
too much from what our code allows and that we need to abide by
the rules of the City.
Cal Resenbaum said that Dr. Muft6z, as far as he knows, has
an exemplary reputation and that he has a highly regarded ethical
practice. He said that he does not mind the development of the
site but that he has problems with granting any parking
variances. Inaudible...
Sharon McCain spoke against
she does not see any hardship
known what he was buying.
this application. She said that
since the applicant should had
Noel Pace spoke in support of the application, saying that
he sees no problem with the request and that in his opinion a
medical building on that site will provide benefits to the
community and that they will actually provide a positive impact
of more parking spaces in the area.
Mr. Rodriguez clarified that they are not short of parking
spaces; they have fifteen spaces and what they have designed is
adequate for the fifteen spaces that they are providing, they
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I just need to accommodate them on the lot size that they have.
2
3 Vice Mayor Palmer said that the applicant has good
4 intentions, but that there are certain standards that they must
5 follow. She said that the applicant's request exceeds almost
6 fifty percent from what our code allows, adding that she cannot
7 see the hardship on this situation.
8
9 Commissioner Wiscombe said that he has a real problem with
10 this because if a resident would come to them asking to reduce
11 the footage from 5 to 2.5, he would have contradicted everything
12 that he has stood for in the community, and to allow that to
13 happen would be definitely setting a precedent. He said that part
14 of the things they worked hard to accomplish is keep open space
15 and to protect the quality of the buildings that are being
16 constructed and the quality of life. He said that he realizes
17 that what Dr. Munoz wants to do for the kids is good, but that
18 the reality is that granting these variances will not be a
19 positive thing for the community and that they would be setting a
20 precedent.
21
22 Commissioner Birts- Cooper said that she sympathizes with the
23 Doctor and that it is unfortunate that the area is not the right
24 zoning for what he is proposing. She said that the project is too
25 big for the property and that she has a problem with the parking
26 backing up to the street. She added that by granting this request
27 they would be going against what they have done in the past for
28 the residents.
29
30 Mr. O'Donniley said that in order to make this project
31 possible the Commission would have to grant all three variances.
32 He said that the best decision for the applicant would be to wait
33 for the EAR process when they review the zoning.
34
35 Commissioner Sherar said that he would have no problem
36 granting the lot size variance; however, granting the parking
37 variance is another matter that involves safety in terms of
38 visibility.
39
40 Mr. O'Donniley said that the correct way is not to do it on
41 a property -by- property basis; it is rather to establish a general
42 standard that all property owners can participate equally.
43
44 Mayor Russell then proposed, provided that the Commission
45 would agree, striking all language on the proposed resolution
46 relating to the two variances other than the one pertaining to
47 the lot size. This would be reinstating the applicant's previous
48 request granted by the Commission last year by resolution.
49
50 Vice Mayor Palmer said that she thinks that the Planner has
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stated it clearly; that he has made his recommendation by
advising the Doctor to wait. The Doctor said that he does not
want to wait. And here we are, she added, trying to change his
wishes; I think that if it is going to be changed, let him change
it. We shouldn't change it, she concluded.
Mayor Russell said that what she was feeling was that the
entire resolution was going to fail. Therefore, and what she was
trying to do is, after the time and expense that the property
owner has gone through to bring it to this point, is to reinstate
something that it was previously approved, without the other two
variances added in, to allow them to see if they can find
something that conforms, and give him the lot variance which has
expired. She said that she supports neither the parking variance,
nor the landscape buffer either, but that she would be willing to
reinstate the original variance and give them an opportunity to
find alternatives.
In response to the Vice Mayor's question, Mr. Figueredo
explained that this resolution may be modified; this is only a
recommendation, and based on the findings of this Commission,
that is how the resolution should be crafted. Mr. Figueredo, also
answering another question from the Vice Mayor, responded that
the applicant in this case did not create the hardship but
instead he inherited it; he bought the property that way and
there is nothing that he can do. He said that this is a hardship
because the applicant cannot develop the site; unlike on a use
variance, which would have alternate uses that the property can
be used for. In this case, the property was not subdivided by the
applicant so in his opinion, he did not create the hardship, Mr.
Figueredo reiterated.
Commissioner Sherar asked the applicant what happened to the
plans that they has before because he thought that they showed
underground parking.
Mr. Rodriguez explained that they have been working with
this for over a year now; the original architect that they had
gave them a very nice drawing which seemed that it would work and
what they presented to the Commission at the time; the architect
proceeded to produce the construction documents but it did not
come together as he had originally showed the applicant, they
could not build it because of engineering problems. Mr. Rodriguez
said that it is not that are in a rush, they have been working on
this for over a year and a half because the property is a very
tight site. Mr. Rodriguez then referred for clarification to the
landscape buffer variance stating that it is not to the edge of
the building, it is rather limited to the edge of the parking.
Mr. Rodriguez also stated that when the Doctor purchased this
property he was not made aware of the problems that he would
REGULAR CITY COMMISSION
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17
I have, and part of the reason that they are trying to construct a
2 building of this size, as well as the need for the fifteen
3 parking spaces is directly related to the amount of money that
4 was paid for the property.
5
6 Mayor Russell then asked the applicant whether he would be
7 interested in getting the approval for the lot size so that they
8 may go back to the drawing board, since the only other option
9 would be to deny the entire application. Mr. Rodriguez that at
10 least with the approval of the lot size they can wait to see
11 whether within the next six months there would be some type of
12 zoning change that will help their situation.
13
14 Moved by Mayor Russell to amend the resolution by striking
15 all of the language pertaining to the variance from Section 20-
16 4.4($)(7)(B); and the variance from Section 20 -4.4; leaving only
17 the variance from Section 20- 3.5(G) pertaining to the lot size;
18 all from the Land Development Code. Seconded by Commissioner
19 Sherar, the motion to amend the resolution passed by a 4 -1 vote:
20
21 Commissioner Wiscombe: Yea
22 Commissioner Sherar: Yea
23 Vice Mayor Palmer: Nay
24 Commissioner Birts- Cooper : Yea
25 Mayor Russell: Yea
26
27 Vice Mayor Palmer stated that she did not like to do it this
28 way; she believes that this should go back so that it may be
29 arranged in the correct order so that it is clear for everyone to
30 read. She said that she voted against it because she is in
31 disagreement with the way it was done. She is not in disagreement
32 with approving this variance.
33
34 Commissioner Wiscombe said that one of the reasons for which
35 he is supporting this in this particular form is that it allows
36 them to develop but that they would have to do it within the
37 guidelines of what they are asking, and the point has been made
38 very clear by the Commission, that they need to follow those
39 guidelines if they choose to develop.
40
41 Commissioner Birts- Cooper asked Mr. Figueredo whether they
42 were doing this properly; Mr. Figueredo said "absolutely." He
43 explained that unlike an ordinance where you may have substantive
44 changes, this is a resolution, but because it is a quasi - judicial
45 hearing, what you are essentially doing is shaping the decision
46 that you want to make. The resolution that staff presented was
47 essentially a template for you to work from; and what this
48 Commission has now done is that they have crafted the template to
49 essentially reflect the decision that they feel is supported by
50 the record; therefore it is appropriate, Mr. Figueredo concluded.
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2 With no further comments or discussion the motion to approve
3 this item as amended passed by a 4 -1 vote:
4
5 Commissioner Wiscombe: Yea
6 Commissioner Sherar: Yea
7 Vice Mayor Palmer: Nay
8 Commissioner Birts- Cooper: Yea
9 Mayor Russell: Yea
10
11
12 RESOLUTION (S)
13 (Cont'd)
14
15 17. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
16 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
17 CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM
18 OF ADKINS AND ASSOCIATES FOR THE PURPOSE OF
19 CONDUCTING A PROFESSIONAL RANDOMIZED SURVEY OF SOUTH
20 MIAMI CITIZENS IN ORDER TO PROVIDE INFORMATION ON
21 DEVELOPMENT AND CITY SERVICES AS INPUT INTO THE
22 CITY'S COMPREHENSIVE PLAN EVALUATION AND APPRAISAL
23 REPORT; APPROVING A CONSULTANT FEE IN THE AMOUNT OF
24 $15,000; CHARGING $10,000 OF THAT AMOUNT TO ACCOUNT
25 NO. 001 - 1620- 524 -3450, PLANNING DEPARTMENT
26 CONTRACTUAL SERVICES; AND $5,000 TO ACCOUNT NO. 001-
27 210- 519 -9920, GENERAL CONTINGENCY; PROVIDING AN
28 EFFECTIVE DATE. (Deferred 7119105) 3/5
29 (City Manager)
30
31 Moved by Commissioner Wiscombe, seconded Commissioner Sherar
32 to approve this item.
33
34 With no comments or discussion, the motion to defer this
35 item passed by a 5 -0 vote:
36
37 Commissioner Wiscombe: Yea
38 Commissioner Sherar: Yea
39 Vice Mayor Palmer: Yea
40 Commissioner Birts- Cooper: Yea
41 Mayor Russell: Yea
42
43
44
45 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
46
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2 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED
4 USE SCHEDULE BY AMENDING SECTION 20- 3.3(D) AND SECTION
5 20- 3.4(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN
6 ORDER TO ALLOW PET DAY CARE CENTERS AS A SPECIAL USE
7 IN THE MO, GR, TODD(MU -4), TODD(MU -5), AND TODD (LI -4)
8 ZONING DISTRICTS; PROVIDING FOR SEVERABILITY,
9 ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
10 DATE. 4/5
11 (City Manager)
12
13 Moved by Commissioner Sherar, seconded by Commissioner
14 Wiscombe to approve this item.
15
16 Mr. O'Donniley presented this item. The applicant is
17 requesting the City to amend the Permitted Use Schedule of the
18 Land Development Code (LDC) to include "pet care center" as a
19 permitted use in the "GR" District. the application is a request
20 to change the general text of the LDC and is not site specific.
21
22 Ines Marrero- Priegues, representing the applicant, addressed
23 the Commission urging them to approve this request. She said that
24 if approved, they still would have to come back before the
25 Commission for approval of the specific site.
26
27 Commissioner Wiscombe said that he does not have a good
28 feeling about this since there are many veterinarians in that
29 place already and that he feels like "Wal -Mart is moving in." In
30 other words, the big guy swallowing the little guy in regards to
31 the business. This is something different; we have not had to
32 deal with something like this before.
33
34 Commissioner Birts- Cooper said that the neighbors in the
35 townhouses in the back are very concerned about this and that
36 they are afraid that they are going to have overnight boarding
37 and that there will be dogs barking.
38
39 Mayor Russell said that these concerns have already been
40 addressed in the ordinance under Special Requirements, providing
41 that all such uses shall be located within a fully enclosed, air -
42 conditioned, soundproof structure; and that there shall be no
43 overnight boarding of animals.
44
45 Commissioner Wiscombe indicated that still these animals
46 will need to be walked at some point during the day and that we
47 all know what happens when you walk animals outside.
48 With no comments or discussion, the motion to approve this
49 item failed by a 2 -3 vote:
REGULAR CITY COMMISSION 2 0
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2 Commissioner Wiscombe: Nay
3 Commissioner Sherar: Yea
4 Vice Mayor Palmer: Nay
5 Commissioner Birts- Cooper: Nay
6 Mayor Russell: Yea
7
8
9 ORDINANCE (S) FIRST READING
10
11
12 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
13 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
14 SECTION 20- 3.6(S) OF THE CITY'S LAND DEVELOPMENT CODE
15 RELATING TO STORAGE OF RECREATIONAL VEHICLES IN ORDER
16 TO FURTHER REGULATE ACCESSORY STORAGE OF SAME;
17 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
18 AND AN EFFECTIVE DATE. 3/5
19 (City Manager)
20
21 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
22 to approve this item.
23
24 Mr. O'Donniley presented this item, explaining the basis for
25 the proposed regulations addressing the concerns of many
26 residents. Staff recommends adoption.
27
28 Mayor Russell said that they are waiting for a solid
29 definition of recreational vehicle and they will need it prior to
30 the second reading on this.
31
32 Mr. O'Donniley then referred to the definition of
33 recreational vehicle (RV) on the proposed ordinance, as opposed
34 to the definition of sport utility vehicles (SUV's) and vans.
35
36 Mayor Russell asked staff to work on the ordinance further
37 so that it will be very clear, stating that the boats are not
38 included.
39
40 Commissioner Wiscombe also asked staff to make it very clear
41 that the RV's cannot be used for business.
42
43 Vice Mayor Palmer asked Mr. O'Donilley as to who would be
44 qualified to be grandfathered in. Mr. O'Doniley explained that
45 this is not included in the drafted ordinance; said that he is
46 just pointing out to the Commission that this is another
47 potential solution. There is a lot of testimony from RV owners
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that there are only 16 in town and only one of those is parked in
the front yard.
Commissioner Wiscombe said that if they are trying to clean
up the problem, why would they want to write a "grandfather"
clause into it.
Commissioner Sherar then said that he has some problems with
the language on line 19, page 3 of 4, subsection (viii) maximum
length.
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper and with no further comments or discussion the
motion to defer this item until staff is ready to bring it back
passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
COMMISSION REMARKS
Commissioners were afforded time to address the audience
before closing the meeting.
Mr. Figueredo spoke for clarification purposes in order to
respond to a question asked by the Vice Mayor relating to the
direction given by him when she tried to make a motion on an
item. He said that the Vice Mayor tried to introduce a motion
while there was a motion on the table; a motion had been
introduced; Commissioner Sherar was not attempting to introduce a
motion and the Chair allowed him to speak; she can certainly
permit that. As per Robert's Rules, what is not permitted is for
another motion to be introduced when there is a motion on the
floor. Commissioner Sherar was not attempting to introduce a
motion, he just felt that he did not have an opportunity to get
his comments out before the motion had been made, which happens
quite often on the dais, and the Chair can wave that rule; but
she cannot wave the rules on the motions.
Mayor Russell referred to the survey saying that she had
talked to Mr. O'Donniley about how she feels about it. She
recommended that on the "phone survey" they include a couple of
questions under item 9: Would you choose to spend money on the
improvements of the community via adding bike lanes? She said
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that the second question she is recommending is to include a
question to know how the community feels about an arts district.
Ms. Davis said that she would try to stop the printing so
that the above questions recommended by the Mayor may be included
in the survey.
Commissioner Wiscombe said that when something like this
goes out it may be a good thing to run it by the Commission
because they may have ideas or concerns that they may wish to
address. He also thanked the people in the community that
supported him while he was in the hospital and thanked them for
their good wishes, phone calls and visitations at the hospital.
There being no further business to come before this Body,
the meeting adjourned at 11:00 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
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Approved
Mary Scott Russell
Mayor