Loading...
02-17-04 Item 8To: Honorable Mayor, Vice Mayor & Date: February 17, 2004 Commission Members ITEM NO. 81 From: Maria Davis Re: SW 62 "d Avenue Charrette City Manager Scheduling Workshop RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA SETTING THE DATE OF THURSDAY FEBRUARY 26, 2004 STARTING AT 7:00 PM IN THE SOUTH MIAMI CITY COMMISSION CHAMBER FOR A PUBLIC WORKSHOP ON THE "SW 62ND AVENUE CORRIDOR CHARRETTE" REPORT WHICH RESULTED FROM A CITY SPONSORED CITIZENS PLANNING EVENT; AND DIRECTING THE ADMINISTRATION TO ADVERTISE THE PUBLIC WORKSHOP AND PROVIDE MAIL NOTICE; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND In November, 2002, the City sponsored a charrette ( "a concentrated neighborhood planning study. ") for the S.W. 62nd Avenue corridor. The University of Miami School of Architecture, facilitated the charrette free of charge, as a service to a neighboring city. The Charrette Report was presented to the City Commission at its January, 21, 2003 meeting. At that time, the Commission referred the Charrette Report to the Planning Board for review and discussion. During their March 25, 2003 and October 28, 2003 meetings, the Planning Board conducted a review and open discussion on the charrette report and a related Citizen's Report. At its October meeting, the Board reviewed the report in detail and voted upon specific recommendations (modifications) for each section of the report. If the City Commission adopts the Charrette Report (or a modified version of that report) the document becomes an official planning document, serving as a guide for the City as it formulates new zoning policies for development of the subject area, including the scheduling and funding of recommended capital improvement projects. Because of the importance of the adoption of the report to area development and due to differences of opinion among participants in the process, it is recommended that the City Commission conduct a discussion wokshop with formal notice prior to adopting the Charrette report. At the workshop summary presentations should be heard from the University of Miami staff, interested citizens, and the Planning Board. 62nd Avenue Charrette February 17, 2004 Page 2 of 2 RECOMMENDATION It is recommended that the attached resolution setting the date for the workshop and directing the Administration to provide a newspaper ad and to send mail notice to all property owners within 500 foot radius of the study area, be adopted. Attachments: Draft resolution MD /SAY E:IComm Items1200412- 17- 041Charrette Public Hear Report. doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA SETTING THE DATE OF THURSDAY FEBRUARY 26, 2004 STARTING AT 7:00 PM IN THE SOUTH MIAMI CITY COMMISSION CHAMBER FOR A PUBLIC WORKSHOP ON THE "SW 62ND AVENUE CORRIDOR CHARRETTE" REPORT WHICH RESULTED FROM A CITY SPONSORED CITIZENS PLANNING EVENT; AND DIRECTING THE ADMINISTRATION TO ADVERTISE THE PUBLIC WORKSHOP AND PROVIDE MAIL NOTICE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a City sponsored charrette or "neighborhood planning study." was held on November 23, 2002 for the area defined as the S.W. 62nd Avenue corridor; and WHEREAS, the goal of the charrette was "to define a community vision that enhances the 62nd Avenue corridor and preserves the livability of the adjoining residential neighborhoods "; and WHEREAS, the University of Miami School of Architecture, with expertise in the field of new urbanism, facilitated the charrette free of charge as a service to a neighboring city; and WHEREAS, the Charrette Report was presented to the City Commission at its January, 21, 2003 meeting, and the Commission referred the Charrette Report to the Planning Board for review and recommendation; and WHEREAS, The Planning Board at meetings held on March 25, 2003 and October 28, 2003 conducted a review and open discussion on the charrette report; and WHEREAS, the Planning Board at its October 28, 2003 meeting adopted specific recommendations for each section and adopted by a vote of 6 Ayes 0 Nays an overall motion recommending approval of the Charrette Report with the modifications made by the Board at the meeting; and WHEREAS, if the City Commission adopts the Charrette Report or a modified version of that report, the document will become an official planning document, serving as a guide for the City as it formulates policies for development of the subject area; and WHEREAS, it is appropriate for the City Commission prior to adopting the report to conduct a public workshop with notice on the Charrette report, which would include summary presentations from the University of Miami staff, interested citizens, and from the Planning Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (2) NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a public workshop on the SW 62nd Avenue Corridor Charrette Report is scheduled for Thursday, February 26, 2004 at 7:00 PM in the City Commission Chambers. Section 2. That the University of Miami staff, interested citizens and the Planning Board shall be invited to make summary presentations at the scheduled public workshop. Section 3. That the City Administration is directed to provide a newspaper ad and to send mail notice to all property owners within 500 foot radius of the study area, advising of the date, time, and place of the public workshop. Section 4. This resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this , day of , 2004 ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR E: \Comm Items \2004 \2- 17- 04 \Charrette Workshop Resolution.doc Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: COMMISSION FOR WOMEN CITY OF SOUTH MIAMI COMMISSION MEETING TUESDAY FEB. 1712004 • WOMEN OF VISION WALL o MARCH - WOMEN'S HISTORY MONTH o HONORING RECIPENTS MARCH 16 COMMISSION MEETING • SELF- DEFENSE CLASS FOR WOMEN o SATURDAY, MARCH 20 o TIME: 9 AM o MULTI - PURPOSE CENTER o RSVP: 305- 663 -6332 • JR. COMMISSION FOR WOMEN o ANGEL PROJECT @ SOUTH HIGH SCHOOL CONTINUES o ANGEL PROJECT @ CORAL GABLES HIGH SCHOOL IN MOTION TO BEGIN j 7' o u P_ C 171 e- ge CL % 7 � A 0 CL e- L e MBAMI LAKES CAMPAIGN REPORTS MUST BE FILED EARLIER j QL 0 The Mami Lakes Tovrn j, .P CA-4 Council has passed a law, 01– requiring candidates for 0 0 ea 9rG Political office to f He their 'f final campaign reports Z_ seven days -before the elec- tion — two days earlier than i state law mandates, 0 1 j1Y Town Attorney Nina Boniske said she has not e V-e-- /3 e A found any other Florida city or county that has passed a similar law. T- he ordinanc cored by co C Michael e- P9zzl, takes aim at candi- dates who i 4_1 hold back on i ! (f CJ reporting 01 'IV Sd't their Largest I contribu- ju 0— tions until L C NMI the end of the cam- Paign, sometimes too late ur for the public to see the i1f0rMation before the elec- tion. Candidates must also Provide a campaign report C� Q_ - in person not by Mau by S p.m 0, y, the sjxt-, day Preceding the election. ne 4 02/17/2004 16:47 3055588511 TOWN OF MIAMI LAKES ORDINANCE No. 04 -47 AN ORDINANCE OF THE TOWN OF MIAMI LAKES, FLORIDA, CONCERNING ELECTION CAMPAIGN FINANCE; PROVIDING FOR RESTRICTIONS ON FUNDRAISING AND DEPORTING DATES FOR CANDIDATES SEEDING ELECTION TO THE MIAMI LAKES TOWN COUNCIL; PROVIDING FOR A TITLE; PROVIDING FOR FINDINGS; PROVIDING FOR APPLICABILITY; PROVIDING FOR DATES FOR CAMPAIGN FUNDRAISING; PROVIDING FOR TOWN CAMPAIGN REPORTS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE_ 02 WHEREAS, the Town Council recognizes that political speech and political association are fundamental rights, protected by the First Amendment of the United States Constitution; and WHEREAS, the 'down Council fotther recognizes that persons have an absolute right to support political ideas and that the right to support political candidates is subject to the qualified power of the Town Council to adopt and enforce requirements that are narrowly tailored to accomplish a legitimate, compelling government interest; and WHEREAS, the Town has a compelling governmental interest in maintaining public confidence in its elected officials and in avoiding public corruption, and improper influence in Town elections; and WHEREAS, the Town Council adopted Ordinance No 02 -28 on December 16, 2002 to limit campaign contributions for Town elections to $250.00 per person and to prohibit corporations, banks and other business entities from contributing to campaigns for Town elections; and WHEREAS, the Town Council finds that the Florida Election Code dates for fundraising and tiling reports does not allow sufficient time for voters to examine the campaign finance practices of candidates for election, prior to casting a vote; and 02/17/2004 16:47 3055588511 TOWN OF MIAMI LAKES PAGE 03 WHEREAS, the Town Council intends that the provisions of this ordinance will prevent the possible abuses associated with campaign contributions and expenditures and promote timely disclosure of campaign contributions in Town elections. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MIAMI LAKES, FLORIDA AS FOLLOWS: Section 1. The Town Code of the Town of Miami. Lakes is amended to create the following Chapter: Sec. 1. T't e. This ordinance shall be known as the "Miami Lakes Campaign Fundraising and Reporting Ordinance." Sec. 2. Findin s. The Town Council of the Town of Miami Lakes finds that: 1. Political speech and political association are fundamental rights protected by the First Amendment of the United States Constitution. 2. Persons have an absolute right to support political ideas and that the right to support political candidates is subject to the qualified power of the Town Council to adopt and enforce requirements that are narrowly tailored to accomplish a legitimate, compelling government interest. 3, The Town has a compelling governmental interest in maintaining public confidence in its elected officials and in avoiding public corruption and improper influence in Town elections. 4. The ability of Town residents to examine the amounts and sources of campaign contributions made pursuant to Town elections, prior to voting in those elections provides an important government interest. Ordinance No. 04 -47 Page 2 02/17/2004 16:47 3055588511 TOWN OF MIAMI LAKES PAGE_ 04 5. Requirements that fundraising for Town elections be concluded at an earlier date, and requirements that campaign reports be filed with sufficient time to allow for resident's examination of those reports prior to the date of the election provides for a means closely drawn to achieve an important government interest, 6. Requiring all campaign fundraising to be concluded on the 7th day preceding an election, instead of the 5t1' day as required by Florida law, provides for the least restrictive means of achieving this goal. 7. Requiring that all candidates file a campaign report with the Town on the date following the last day of fundraising further achieves this goal. Sec. 3, Applicability. The provisions of this ordinance shall be applicable to all campaigns for election to the office of Mayor or Councilrnember of the Town Council of the Town of Miami Lakes taking place after the effective date of this Ordinance. Sec. 4. Dates for rg =aign Fundraising. Notwithstanding the provisions of Section 106.08, Florida Statutes, all campaign contributions must be received by the candidate or the campaign treasurer no later than seven (7) days prior to the date of the election. Sec. 5. Town Campaign Reports. 1. All candidates for Town elections shall file a Town Campaign Report, which shall be in the same format as the campaign report described in Section 106.07, Florida Statutes. 2., Town Campaign Reports shall only be filed once and shall include all contributions and expenditures up to midnight of the 7tn day preceding the election. Ordinance No. 04 -47 Page 3 02/17/2004 16:47 3055588511 TOWN OF MIAMI LAKES PAGE 05 3. A Town Campaign Report shall be due on the 6th day preceding the date of the corresponding Town election. 4. A Town Campaign Report shall be deemed timely if hand delivered to the Town Clerk no later than 5:00 p.m., or if postmarked by midnight, on the 6th day preceding the corresponding election date. If filing by the United States Postal Service or an established courier company, the filing shall be by priority oven ght mail, so that the Town would receive the report by the 5th day preceding the election. Sec. 6. Lenalties. 1. Each violation of Section 4 of this ordinance shall be punishable pursuant to Sections 106.08(7) an 106.08(8), Florida Statutes. 2. Failure to file a timely Town Campaign Report shall be punishable by a fine of $500.00 and $100.00 for each additional day late and such fine shall be enforced pursuant to the procedures of Chapter 8CC of the Town Code. 3. Each act of soliciting, giving or receiving a contribution in violation of this Chapter shall constitute a separate violation. 4. All fines received by the Town resulting from a violation of this Chapter shall be deposited into the Town's general revenue fund. 5. The provisions of this Chapter shall be administered by the Town Clerk. Section 2. Severability. The provisions of this ordinance are declared to be severable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this ordinance but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part. Ordinance No. 04 -47 Page 4 02/17/2004 16:47 3055588511 TOWN OF MIAMI LAKES PAGE 06 Section 3. Inclusion in the Code. It is the intention of the Town Council that the provisions of this ordinance shall become and be made a part of the Code of Miami Lakes, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. Affective date. This ordinance shall take effect immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Puri„ who moved its adoption on first reading. The motion was seconded by Thowso and upon being put to a vote, the vote was as follows: 7 -0 Councilmember Mary Collins Councilmember Robert Meador, 17 Councilmember Michael Pizzi Councilmember Nancy Simon Councilmember peter Thomson Vice Mayor Roberto Alonso Mayor Wayne Slaton YIDS_ _ YES YES YES YES YES YES PASSED AND .ADOPTED on first reading Us 13TH day of January, 2004. The foregoing Ordinance was offered by Councilmember kiZEL who moved its adoption on second reading. The motion was seconded by Mayor Slaton, and upon being put to a vote, the vote was as follows: 7 -0 Councilmember Mary Collins YES Councilmember Robert Meador, II YES Councilmember Michael Pizzi YES Councilmember Nancy Simon YES Councftember Peter Thomson - ff-SS Vice Mayor Roberto Alonso YES Mayor Wayne Slaton �S Ordinance No. 04 -47 Page 5 02/17/2004 16:47 3055588511 TOWN OF MIAMI LAKES PAGE 07 PASSED AND ADOPTED on second reading this 11th day of February, 2004. Wayne S aton MAYOR ATTEST: Approved as to form and legality for the use and benefit of the Town of Miami Lakes only: Weiss, Serota, Helf nan, Pastoriza, Guedes Cole & Boniske, P.A. TOWN ATTORNEY Ordinance No. 04 -47 Page 6 02/17/2004 16:47 3055588511 TOWN OF MIAMI LAKES PAGE 01 TOWN OF MIAMI LAKES 6853 Main Street ` Miami Lakes, Florida 33014 305- 364 -61001 FAX: 305.558 -6511 hjAYOR Wayne Sistan, VICIR MAYOR Roberto Alonso COUNCILMINMRS maiy Collilis . RnbertMeador, II Miclmlpb2i. . Nancy Simon Peter Thameon TOWN MANAGER TOWN CURIO I matris M ArgweJies Comments: FAX TRANSMIT17AL To: C, V�, �. mE'(1�1dQ z. Fax— No.: � coy 3 (038 Date: ® i — O Pages (ludlud%g cover). :00MA\PCD0C8NM1AMIL.AK.55127611