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
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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.
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(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