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09-05-2000 Regular Meeting• • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regular meeting of the Miami Shores Village Council was held on Tuesday, September 5, 2000 at the Village Hall, commencing at 7:18 PM with the following members present: PRESENT: Mayor Ulmer Bob Blum Al Davis Steve Loffredo Mary Ross Agosta ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney CONSIDERATIONS 1) CONSENT AGENDA Following the Clerk's reading of each item within the Consent Agenda, Mr. Loffredo requested that Items 1D and 1E be pulled from the Consent Agenda. Mayor Ulmer requested that 1C be pulled from the Consent Agenda. A) APPROVAL OF THE JULY 18, 2000 REGULAR COUNCIL MEETING MINUTES. B) RATIFICATION OF THE PBA CONTRACT OPENER. F) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL SUPPORTING THE EFFORTS OF BILL NELSON, INSURANCE COMMISSIONER OF THE STATE OF FLORIDA, TO RESTRICT AND PREVENT THE FLORIDA WINDSTORM ASSOCIATION FROM RAISING AND COLLECTING HIGHER PREMIUMS IN THE STATE OF FLORIDA. Mr. Davis moved to approve the remainder of the Consent Agenda (1A, 1B and 1F). Mr. Loffredo seconded the motion and the vote was unanimous in favor. C) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING PARAGRAPHS (d), (e), (f), (g), and (h) OF SECTION 6.7 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES; INCREASING PERMIT FEES, PROVIDING EFFECTIVE DATE. (First Reading) Mr. Loffredo moved to approve the Ordinance on first reading. Mr. Blum seconded the motion. Mayor Ulmer raised a concern regarding the amount of staff time spent on reviewing plans and suggested that a fee be instituted to cover the costs. Although it was the consensus of the Council to institute a fee, Council opinions differed as to the method used to calculate the fee. It was decided that the staff would research the matter and either amend the proposed ordinance for consideration at second reading, or make a recommendation to handle separately. Mayor Ulmer opened the floor for public comment and hearing none, called for the vote which was unanimous in favor. • • D) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 1 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, BY ADDING A SECTION TO BE NUMBERED 1.2.1, SETTING FORTH THE REQUIREMENT THAT CERTAIN BOARD/COMMI I hE MEMBERS APPOINTED BY THE VILLAGE COUNCIL BE MIAMI SHORES VILLAGE RESIDENTS, PROVIDING FOR CONFLICT, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) Mr. Loffredo moved to adopt the Ordinance as written. Mr. Blum seconded the motion. Mr. Loffredo spoke about the fact that the Country Club Advisory Board used to include non-residents to ensure that all segments of the Country Club operations were represented on the Board. Council members discussed the pros and cons of excluding the Country Club Advisory Board from the residency requirement. Following this discussion, it was the consensus of the Council to leave the proposed Ordinance as drafted. The vote was called and was unanimous in favor. E) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 19-26 OF THE CODE OF ORDINANCES, REGARDING THE APPEAL PROCESS FOR DECISIONS MADE BY THE VILLAGE PLANNING & ZONING BOARD, PROVIDING FOR CONFLICT, PROVIDING FOR AN EFFECTIVE DATE. Mr. Loffredo moved approval of the Ordinance on first reading. Mr. Blum seconded the motion. Council members offered their opinions on the super majority (70% or 4/5th's) affirmative vote, versus a simple majority affirmative vote requirement needed to overturn a decision of the Planning & Zoning Board. It was confirmed that based on the language contained in Section 800 of the Code, past practice has been that a super majority vote of the Council be required to overturn a decision of the Planning & Zoning Board. Mayor Uhner opened the floor for public comment. Cesar Sastre Mr. Sastre agreed that a super majority vote should be required. T. F. Chambers Mr. Chambers agreed that the 4 out of 5 vote rule is necessary. Mayor Ulmer closed public comment and called for a vote. The results of the vote was unanimous in favor. 2) PUBLIC WORKS DEPARTMENT Dave Traill A) AWARD OF BID FOR DRAINAGE CONSTRUCTION PROJECTS AT N.E. 21'1D AVENUE AND 100Th STREET, AND N.E. 96Th STREET AND PARK DRIVE, IN THE AMOUNT OF $ 239,160 TO SOUTHEASTERN ENGINEERING CONTRACTORS INC. Mr. Benton offered background information regarding the drainage project, summarizing the information contained within his cover memorandum. A french drain system is being proposed for the police department and an injection system drain will be installed by the community center. Mr. Benton confirmed that the funding for the project was budgeted within the Stormwater Utility budget. Mr. Davis moved to award the bid for the drainage projects to Southeastern Engineering Contractors Inc. in the amount of $239,160.00. Mr. Loffredo seconded the motion and the vote was unanimous in favor. Page 2 • • 3) FINANCE DEPARTMENT Mark Malatak A) AWARD OF EMPLOYEE HEALTH/DENTAL INSURANCE BENEFITS FOR FISCAL YEAR 2000-2001. Mr. Benton introduced Mr. Mark Malatak, the Village's Finance Director. Mr. Malatak outlined the bid process and the submittals received in response to the solicitation. Ms. Agosta moved to award the insurance benefit as recommended by the Administration. Mr. Blum seconded the motion. Mr. Malatak indicated that Staff recommends awarding the health insurance benefit contract to Humana, who is offering an HMO and a POS program. The dental insurance benefit is being renewed with Oral Health Services. In response to questions by the Council, Mr. Malatak provided a brief comparison of current benefits and the proposed benefits. Mr. Malatak confirmed that sufficient monies had been budgeted to cover the cost of the proposed insurance benefits at the same level of benefit (individual HMO/individual dental coverage). Mayor Ulmer called for the vote which was unanimous in favor of the motion. Mayor Ulmer introduced Village staff member Scott Davis who in turn introduced Boy Scout Troop #529 who were in attendance at the meeting. Mayor Ulmer called a recess at 8:15PM and reconvened at 8:30 PM. Mayor Ulmer asked that Item Number 5B be considered at this time of the meeting. Hearing no objection from the other members of the Council, Item 5B was moved. 5) VILLAGE CLERK Barbara A. Fugazzi B) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 20 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, BY ADDING A SECTION BEGINNING WITH SECTION 20-18, SETTING FORTH STANDARDS AND CRITERIA RELATING TO THE PROJECTS INVOLVING VILLAGE STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICT, PROVIDING FOR AN EFFECTIVE DATE. (Second & Final Reading - Public Hearing Required) The Village Clerk read the caption of the Ordinance. Mr. Loffredo moved approval on second and fmal reading. Mr. Davis seconded the motion. The Village Attorney and Village Clerk clarified the enforcement powers and the penalty process provided for within the ordinance language. Mayor Ulmer spoke of a conflict within the proposed language of the ordinance. Mayor Ulmer moved to amend Paragraph 8 within the ordinance as follows:... Any building or structure within the Village, encroaching upon any alley, street, sidewalk or right of way, without permission, is declared a public nuisance and shall be removed immediately upon notice from the Village... Mr. Loffredo seconded the motion to amend language as indicated. Mayor Ulmer opened the Public Hearing. No one present wished to speak on the ordinance. The vote was called and was unanimous in favor. Mr. Loffredo then moved to approve the ordinance as amended on second reading. Ms. Agosta seconded the motion and the vote was unanimous in favor. . Page 3 • • 4) PLANNING & ZONING DEPARTMENT Al Berg A) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING ZONING ORDINANCE NO. 270, BY ADDING SECTION 226.5 DEFINING OPEN MR CAFES, AND BY ADDING A DIVISION, TO BE NUMBERED 19, "OPEN AIR CAFES", ALLOWING FOR OPEN AIR CAFES ON PUBLIC PROPERTY, AND/OR PRIVATE PROPERTY, AS AN ACCESSORY "CONDITIONAL SPECIAL USE" TO A RESTAURANT, PERMIFI'FD USE IN B-1 DISTRICTS, PROVIDING FOR STANDARDS THAT MUST BE MET AS PART OF THE PERMITTING PROCESS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (First Reading) The Clerk read the caption of the Ordinance. Mr. Benton introduced Mr. Al Berg, the Village's Director of Planning & Zoning. Mr. Berg provided the Council with information as outlined in his memorandum indicating the Staff recommendation. There was a brief discussion regarding the language of a few sections which were clarified by the Staff. Mr. Loffredo moved to approve the proposed Ordinance on first reading, subject to the staff recommendations as outlined by Mr. Berg, such amendments to be included in the Ordinance for second reading. Ms. Agosta seconded the motion. A lengthy discussion ensued regarding whether the Council or the Planning Board should have fmal approval of issuing a permit for the open air cafe. Individual Council members expressed their thoughts and opinions. It was the consensus of the Council to insert the following language after the words "accessory" throughout the ordinance: conditional special use. Additionally, a consensus was reached to have the permit expire annually. Mr. Blum moved to amend the original motion to provide for Planning & Zoning Board approval of the open air cafe permit rather than the Council. Mr. Davis seconded the motion. Further discussion ensued regarding the pros and cons of having the Planning Board approve the permit. Some of the factors the Council considered were rights-of-way and liability. It was suggested that the Planning & Zoning Board review the site plan and make a recommendation to the Council regarding approval. Based on these discussions, Mr. Blum withdrew his motion and Mr. Davis withdrew his second. Mr. Loffredo amended his original motion and moved to approve the ordinance on first reading, subject to the staff recommendations as outlined by Mr. Berg and providing for review and recommendation from the Planning & Zoning Board with fmal approval by the Village Council. Such amendments are to be included in the ordinance for second reading, Mr. Blum seconded the motion. Mayor Ulmer opened the floor for public comment. Cesar Sastre Mr. Sastre indicated that he agreed with the proposed amendments. Leon Newman Mr. Newman asked about the restriction on alcohol. T.F. Chambers Mr. Chambers spoke about the one year restriction. Neil This resident spoke about inherent problems with outdoor dining areas. Mayor Ulmer closed public comment and as no other Council comments were offered, called for a vote. The results of the vote were unanimous in favor of the motion. Page 4 • 5) VILLAGE CLERK Barbara A. Fugazzi A) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 20 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, BY ADDING A SECTION BEGINNING WITH SECTION 20-1, PROVIDING FOR A STORMWATER UTILITY, AND ADOPTING STORMWATER UTILITY FEES TO PLAN, CONSTRUCT, OPERATE AND MAINTAIN A STORMWATER MANAGEMENT SYSTEM CONSISTENT WITH THE VILLAGE'S COMPREHENSIVE PLAN; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FEE STRUCTURE FOR STORMWATER UTILITY SERVICES AND METHODS OF BILLING, COLLECTION, AND ENFORCEMENT; PROVIDING FOR REPEAL, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Second & Final Reading - Public Hearing Required) The Clerk read the caption of the Ordinance. Mr. Davis moved to adopt the Ordinance on second reading. Mr. Blum seconded the motion. Mayor Ulmer noted a typo in reference to a Statutory reference and then opened the Public Hearing and as there was no one present who wished to speak on the matter, closed the Hearing. The vote was taken with a unanimous result. 6) ANNOUNCEMENTS The Clerk read the announcements. Additionally, Ms. Fugazzi addressed the Council regarding the scheduling for the first meeting in October. She asked the Council about the possibility of changing the Tuesday, October 3`d meeting to Wednesday, October 4th, due to he National Night Out activities. • 7) PUBLIC COMMENTS Brian Masters Mr. Masters spoke about the DOT's Biscayne Boulevard improvement project. 8) COUNCIL COMMENTS Bob Blum Mr. Blum spoke about his attendance at the recent Florida League of Cities meeting. • Steve Loffredo Mr. Loffredo clarified his position on the DOT's Boulevard plan, indicating that he is not in favor of moving the roadway to the western portion of the right-of- way. Al Davis "Ditto" Mary Ross Agosta No Comment. Mayor Ulmer Good Night 9) ADJOURNMENT The September 5, 2000 Council Meeting was adjourned at 9:36 PM. Barbara A. Fugazzi, CMC - Village Clerk Page 5 Mark S. Ulmer, Mayor