04-04-2000 Regular Meeting4
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MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The regularly scheduled meeting of the Village Council was held on Tuesday, April 4, 2000,
commencing at 7:35 PM at the Village Hall with the following members present:
PRESENT:
Mayor Ulmer
Bob Blum
Al Davis
Steve Loffredo
Mary Ross Agosta
ALSO PRESENT: Tom Benton, Village Manager
Barbara Fugaz7i, Village Clerk
Richard Sarafan, Village Attorney
CONSIDERATIONS
1) VILLAGE CLERK Barbara A. Fugaz7i
A) APPROVAL OF THE MARCH 21, 2000 REGULAR COUNCIL MEETING
MINUTES.
Ms. Agosta moved to approve the Minutes from the March 21, 2000 Council Meeting. Mr.
Davis seconded the motion and the vote was unanimous in favor.
B) AN ORDINANCE AMENDING THE MIAMI SHORES VILLAGE CODE OF
ORDINANCES, ZONING ORDINANCE, NO. 270, SECTION 300, CLASSES OF
DISTRICTS, SECTION 301, ZONING MAP, AND SECTION 400, SCHEDULE
OF REGULATIONS, CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 22.98 ACRES LOCATED AT THE NORTHWEST
CORNER OF N.W. 112Th TERRACE AND N.W. 2ND AVENUE, FROM S-2,
SPECIAL USE - DOG RACING TRACK, TO S-1, SPECIAL USE - COLLEGE,
REPEALING ANY AND ALL CONFLICTING ORDINANCES, PROVIDING
FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE.
The Clerk read the Caption of the Ordinance, advising the Council and those individuals in
attendance, that the Ordinance had been amended slightly to eliminate the deletion of the S-2
Zoning Designation and the addition of a severability clause. The Clerk further advised the
Council that this item represents a first reading of the Ordinance, that a public hearing is required
and that the Ordinance had been properly noticed. Mr. Sarafan swore in any individuals expected
to offer testimony on the issue. Mayor Ulmer outlined the order and procedures to be followed
during the presentation.
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Mr. Al Berg, Director of Planning & Zoning, provided the Village Council with information
relating to the application to re -zone the subject property. Mr. Berg confirmed that the proposed
rezoning would be consistent with the designated use as set forth in the Future Land Use Map
contained within the Village's 2010 Comprehensive Plan. He indicated the zoning designations of
the surrounding properties, and provided his recommendation on the application, as well as the
approval of the Planning & Zoning Board, which was granted at the March 16, 2000 Planning &
Zoning Board Meeting.
Various members of the Village Council clarified and confirmed with Mr. Berg and Mr. Sarafan
that a Declaration in lieu of unity of title would be a recordable document which will run with the
land, and that the permitted uses contained within the S-1 zoning designation will remain the same.
Mr. Berg confirmed that the proposed rezoning conforms with the Future Land Use Map contained
in the Comprehensive Plan, and is consistent with the surrounding neighborhood land uses.
Attorney Cliff Shulman, representing the applicant, Barry University, addressed the Council and
provided them with information pertaining to the Declaration in lieu of unity of title and the
"Payment In Lieu Of Taxes" (PILOT) agreement. Mr. Shulman, on behalf of the applicant,
confirmed that the applicant had voluntarily committed to execute and deliver both the PILOT
agreement and the Declaration in lieu of unity of title, in connection with this application. Both of
these documents were proffered into the record. In response to concerns expressed regarding the
permitted uses in a S-1 zoning district, Mr. Shulman advised and Mr. Sarafan concurred, that the
permitted uses for the S-1 zoning district will not, and cannot be amended without Council
approval.
Mayor Ulmer asked if there was anyone who would like to offer evidentiary statements or ask
questions of either the Village representatives or Mr. Shulman.
Javier Reynaldos
Mark Sell
Mr. Raynaldos asked for clarification regarding the S-1 zoning designation
and the "mixed use - institutional" zoning designation. Mr. Sarafan
responded that the S-1 zone is within the Village Code of Ordinances and
the "mixed use -institutional" designation is contained in the Comprehensive
Plan.
Mr. Sell inquired about the amount of tax dollars received from the dog
track when it was operational. Mr. Sarafan stated that the numbers were
being verified but he believed it to be approximately $70,000.
As no one else in attendance wished to make any evidentiary statements or any other public
comments pertaining to this issue, Mayor Ulmer called for a motion. Mr. Davis moved to adopt
the rezoning Ordinance on first reading in light of the PILOT agreement and Declaration in lieu of
unity of title. Mr. Loffredo seconded the motion. A brief discussion regarding the appeal of a
previously filed amendment to the Comprehensive Plan and the proffered Declaration in lieu of
unity of title ensued. Ms. Agosta stated that Barry University is a private catholic university and
therefore does not represent a voting conflict for her. Mayor Ulmer called for the vote which was
unanimous in favor. Sister Jeanne O'Laughlin, President of Barry University expressed her
gratitude to the Council and the community.
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2) VILLAGE COUNCIL
A) DISCUSSION REGARDING BISCAYNE BOULEVARD
Economic Development
Aesthetics/Design Standards
Zoning Issues
Mr. Rich Freeman, Community Development/Code Enforcement Director, read the
recommendations of the Task Force relating to redevelopment of Biscayne Boulevard. In addition,
he provided the Council with a verbal summary of what the Administration is currently doing with
respect to the traffic study RFP and obtaining quotes for a marketing study. He stated that he has
spoken to two firms regarding a marketing study, one provided a price of $35,000 and the other
offered a price of $54,000.
Mayor Ulmer asked for a motion to dispense with Robert's Rules. Mr. Blum moved to dispense
with Robert's Rules of Order. Mr. Davis seconded the motion and the vote was unanimous in
favor.
Mayor Ulmer expressed his concerns regarding the Charrette Study in general, and the seemingly
outdated and inaccurate information pertaining to the Biscayne Boulevard Redevelopment section
of the submitted Plan. He stated that the Council needs to look at what is here in the Village and
decide if "it" should be changed.
Council discussion centered around the Department of Transportation's (DOT) roadway
improvement plan for Biscayne Boulevard and its potential impact to the businesses along that
corridor. It was the concensus of the Council that the Village should work with the DOT on the
roadway improvement plan, and the development of design standards should be the focus for
discussion regarding the Boulevard. Mr. Benton suggested inviting a representative from DOT to
make a presentation before the Council. The Council directed Mr. Benton to do so, and to notify
the neighborhood residents.
Subsequent to further discussion regarding the roadway improvement plan and the urgent need to
have certain traffic studies completed, Mayor Ulmer moved to direct the Village Manager to solicit
proposals from traffic and civil engineering firms, or individuals, to do hourly work relating to
transportation improvement projects throughout the Village. The Manager should obtain at least
two quotations and report back to the Village Council with a recommendation. Mr. Davis
seconded the motion and the vote was unanimous in favor.
Ms. Agosta expressed her desire to slow down the process of discussing the Charrette
recommendations. She stated that one item on each Council Meeting agenda is too often, and that
she is concerned about the amount of staff time being devoted to issues that may end up to be a
wild goose chase. Additionally, Ms. Agosta stated that there are a number of items that the Staff is
waiting for responses on, i.e. monument designs. Mr. Davis agreed with Ms. Agosta and moved to
have discussions every three (3) months, until funding is identified to attempt to implement any of
the recommendations put forth. Mr. Loffredo seconded the motion for discussion purposes.
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Following a lengthy discussion regarding the individual Council Member's thoughts on the pros
and cons of changing the process, and numerous proposed amendments to the original motion, a
compromise was reached. The newly amended motion put forth by Mr. Davis was to have
discussion items placed on the Council Meeting agendas for the second meeting in the months of
May, July and September. Mr. Loffredo seconded the amended motion. It was agreed upon by the
Council that the motion would not preclude items being placed on Council agendas if deemed
necessary due to time constraints. Mayor Ulmer called for a vote and the motion passed with a 4 to
1 result, with Mr. Blum opposed.
3) ANNOUNCEMENTS
The Clerk read the announcements.
4) PUBLIC COMMENTS
Jim McCoy Mr. McCoy expressed his appreciation for the efforts of the Council.
Max Sturman Mr. Sturman spoke about the Planning & Zoning Board's involvement in the
process.
Mark Sell Mr. Sell asked about the Charrette items left to be discussed by the Council.
• 5) COUNCIL COMMENTS
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Mary Ross Agosta Ms. Agosta spoke about the gun lock program.
Al Davis Mr. Davis thanked the Mayor and Mr. Benton for the meeting with the DOT
and the County in reference to ongoing projects.
Steve Loffredo No Comment
Bob Blum No Comment
Mayor Ulmer Mayor Ulmer apologized if he offended anyone with his earlier comments
relating to the Design Charrette recommendations.
6) ADJOURNMENT
The April 4, 2000 Council Meeting was adjourned at 9:45 PM.
Barbara A. Fugazzi, CMC
Village Clerk
Mark S. Ulmer, Mayor
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