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07-05-2000 Regular Meeting• MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled Council Meeting took place on Wednesday, July 5, 2000 (due to the July 4th Holiday), at the Village Hall commencing at 7:30 PM with the following members present: PRESENT: Mayor Ulmer Bob Blum Al Davis Stephen Loffredo Mary Ross Agosta ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney CONSIDERATIONS • 1) CONSENT AGENDA • A) APPROVAL OF THE JUNE 20, 2000 REGULAR COUNCIL MEETING MINUTES. The Clerk and the Mayor noted two errors contained within the Minutes. Mr. Loffredo then moved approval of the corrected minutes. Mr. Blum seconded the motion and the vote was unanimous in favor. B) APPROVAL TO EXECUTE AGREEMENT BETWEEN MIAMI-DADE WATER & SEWER AND MIAMI SHORES VILLAGE TO PROVIDE WATER SERVICE TO THE NEW AQUATIC FACILITY. Mr. Loffredo and Mr. Blum expressed the areas of concern contained within the agreement language, i.e. service & connection charge provisions, points of connection, bonding fees and the warranty. Mr. Benton and Mr. Sarafan indicated that the agreement represents a boiler plate type agreement which the County uses. They also indicated the County's unwillingness to tailor the agreement to the needs of the Village or to expressly state the intended meaning of certain language. Mr. Benton confirmed that if the Village does not execute the agreement, the new aquatic facility will not have water service. Mr. Davis moved to authorize the Village Manager to execute the Agreement. Mr. Loffredo seconded the motion and the vote was unanimous in favor. • • • 2) PLANNING & ZONING Al Berg A) AN APPEAL BY RESIDENT, EMME PEDINIELLI OF A DECISION MADE BY THE PLANNING & ZONING BOARD REGARDING LOT 9, BLOCK 54, MIAMI SHORES #2, WITH RESPECT TO THE LOT BEING A "BUILDABLE" LOT. Mayor Ulmer confirmed that the Council was sitting as a quasi-judicial board in this matter and that any Council member who had had ex -parte communications with any of the effected parties should declare the communication. Mr. Loffredo relayed that he had spoken briefly with Attorney Chris Kelley but not in relation to the matter. Mr. Blum stated that he had seen the applicant at the Building Department window and advised them that they would need to speak with the Building Official, Frank LuBien. Mr. Davis stated that he was present at the Planning & Zoning Board Meeting when the item was heard and voted upon. Mayor Ulmer stated that he had listened to the audio tapes of the Planning & Zoning Meeting. Each Council Member indicated that they can hear the case objectively, without prejudice. Mr. Sarafan swore in all individuals who intended to testify on the issue. Mr. Al Berg, Director of Planning & Zoning, provided the Council with background information including history of the lot, previous ordinances which effected the property, and drawings. Mr. Berg summarized the Planning & Zoning Board's ruling that the lot was "buildable" due to the fact that a fence was located on the lot, and also that they believe there is a septic drain field within the property, and that these two items represented "permanent improvements" which is a requirement to allow for building on a 50 foot lot. Mr. Berg stated that the Staff opinion is that the fence and the possibility of a drain field do not meet the permanent improvement criteria and that the Planning & Zoning Board's decision was incorrect. Mr. Berg further stated Staff's opinion and support of the Appellant's argument that the lot is not buildable. Council comments and discussion centered around their individual opinions on the improvements on the property, the fact that there are numerous 50' lots within the Village that have homes built on them, and the dates the various amending ordinances were adopted relating to building on 50' lots. In response to questioning by Attorney Chris Kelley (representing the Denton's) and Attorney Richard Baron (for the appellant Emme Pedinelli), evidence and testimony was offered by the property owner, Mr. Denton, and the proposed developer, David Ettman. Mr. Denton stated that the neighbors on either side of the lots were not interested in selling a portion of their property site to him, nor buying the lots from him. It was noted that a previously seated Planning & Zoning Board, approximately 10 years ago, ruled the lots not buildable, and that nothing had changed since that time. Attorney Kelley provided the Council with tax bills on the property and a copy of a letter from a neighbor, Mrs. Browder. These items were made a part of the record. Page 2 • Mr. Blum moved to uphold the decision of the Planning & Zoning Board. Mr. Davis seconded the motion. Individual Council members offered their reasons for agreeing or disagreeing with the motion. A discussion regarding whether a 70% of the Council was needed on this appeal ensued. Mayor Ulmer called for the vote which was as follows: Misters Blum, Davis and Loffredo in favor of the motion to uphold the decision of the Planning & Zoning Board and denying the appeal. Mayor Ulmer and Ms. Agosta voted against the motion. The motion carried by a 3-2 margin. Mayor Ulmer called for a recess at 9:10 PM and reconvened the meeting at 9:20 PM. B) DISCUSSION AND POSSIBLE ACTION ON GRANTING A PERMIT, PER SECTION 609 OF THE VILLAGE'S CODE OF ORDINANCES, TO MIAMI COUNTRY DAY SCHOOL FOR PROPERTY LOCATED AT 10653 N.E. 6Th AVENUE. Mayor Ulmer passed the gavel to Vice Mayor Blum, indicating that he would not participate in the discussion, nor vote on the item, due to a personal conflict. He stated that his son has been accepted into the school program which is to be housed on the property if a permit is granted. Mr. Berg offered background information on the property in question and indicated that the Staff recommends approval with conditions as outlined: 1) Site Plan approval including a pick-up/drop off area for the students. 2) That the building meet all ADA criteria. 3) An application to rezone • the property be submitted. The Council was assured that safety concerns would be addressed and that the conditions outlined by Mr. Berg would be adhered to. Mr. Davis moved to approve the staff recommendation and grant Miami Country Day School a conditional permit for the subject property. Ms. Agosta seconded the motion and the vote was 4-0 with Mayor Ulmer abstaining. 3) FINANCE DEPARTMENT Mark Malatak A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL DESIGNATING AND TEMPORARILY APPOINTING TWO VILLAGE RESIDENTS TO SERVE IN AN INTERIM CAPACITY AS BOARD TRUSTEE MEMBERS OF THE MIAMI SHORES VILLAGE POLICE RETIREMENT SYSTEM, PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the Resolution. Mr. Malatak explained the need for the Council to appoint two members to the newly formed Police Pension Board. Nominations were offered by the Council with Mayor Ulmer and Mr. Blum receiving endorsement. Ms. Agosta moved to pass the proposed Resolution, appointing Mayor Ulmer and Vice Mayor Blum to the Police Pension Board. Mr. Davis seconded the motion and the vote was unanimous in favor. 1111 Page 3 • • 4) VILLAGE COUNCIL Mayor Ulmer A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, ENDORSING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S BISCAYNE BOULEVARD IMPROVEMENT PROJECT PLAN WHICH CALLS FOR A 20 FOOT CENTER MEDIAN, WITH SPECIFIC MODIFICATIONS AS OUTLINED, PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the Resolution. Mayor Ulmer moved to pass the Resolution. Mr. Davis seconded the motion. Mayor Ulmer reviewed the information and points contained within the Resolution and individual Council members offered their thoughts and concerns about the project plans. Mayor Ulmer commented that Mr. Loffredo's suggestion of requesting the immediate installation of a dedicated turn lane into the aquatics center be proposed as a separate Resolution. Mr. Loffredo stated that it had been his intent to have the issue on a separate Resolution. Mayor Ulmer sought to amend the Resolution to add a request to have the utility lines placed underground. Mayor Ulmer opened the floor for public comment. Pat Fitzgerald Mr. Fitzgerald, representing the Archdiocese of Miami, requested that an additional median cut be installed between plan station numbers 89 and 90. Spero Canton Mr. Canton, representing the Greater Miami Shores Chamber of Commerce, indicated the Board's endorsement of the overall plan. Mr. Canton suggested that a 10' median north of N.E. 9th Street may be appropriate. Brian Masters Mr. Masters, on behalf of many of the homeowners along the Boulevard, offered alternatives to the DOT's plan, i.e. narrower medians, utilizing the right-of-way on the west side of the Boulevard for the majority of the needed footage, etc. Individual Council Members requested clarification from Mr. Masters on a number of his points. David Avril Mr. Avril asked about the underground utilities. Bekky Leonard Ms. Leonard spoke on behalf of the Property Owners Association. She thanked the Council for their time on this important issue and stated that it was the consensus of the Association to support the Council's Resolution endorsing the 20' median plan. Herta Holly Ms. Holly voiced her confidence in Tom Benton to work with the DOT for a final plan that best fits the needs of the Village. Page 4 • Mayor Ulmer closed Public Comment. Council Members offered fmal comments regarding the proposed Resolution and the DOT plans and Mayor Ulmer proposed an amendment adding a letter d) to Section 1 to read "that the utility lines be relocated underground." and a reference in Section 2 that the DOT work and coordinate efforts through the Village Manager. The vote was called to adopt the amended Resolution with a 4-1 result, Mr. Loffredo opposing the adoption. 5) ANNOUNCEMENTS The Clerk read the announcements. 6) PUBLIC COMMENTS Leon Newman Mr. Newman offered his objection to providing any additional funding for the Charter School. Lourdes Poey Ms. Poey asked about how to monitor the progress of the DOT plans. 7) COUNCIL COMMENTS Al Davis Mr. Davis spoke about a County League of Cities Survey and the Village's • firework display. Mary Ross Agosta Ms. Agosta congratulated the Recreation staff on the great 4th of July event. • Mayor Ulmer Mayor Ulmer echoed his colleagues comments regarding the fireworks. Bob Blum Mr. Blum spoke about the fireworks and also about the results of the Charter School's FCAT scores. 8) ADJOURNMENT The July 5, 2000 Council Meeting was adjourned at 10:50 PM. Barbara A. Fugazzi, CMC - Village Clerk Page 5 Mark S. Ulmer, Mayor