Loading...
11-07-2000 Regular Meeting• • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regular meeting of the Miami Shores Village Council was held on Tuesday, November 7, 2000 at the Village Hall, commencing at 7:30 PM with the following members present: PRESENT: ALSO PRESENT: ABSENT: CONSIDERATIONS Mayor Ulmer Bob Blum Al Davis Steve Loffredo Mary Ross Agosta Tom Benton, Village Manager Barbara Fugaz7i, Village Clerk Richard Sarafan, Village Attorney 1) CONSENT AGENDA A) APPROVAL OF THE OCTOBER 17, 2000 REGULAR COUNCIL MEETING MINUTES. B) A RESOLUTION PROVIDING FOR THE REAFFIRMATION OF AFLAC FLEXIBLE BENEFIT PLAN AGREEMENT FOR FY 2000-2001. C) A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, SUPPORTING THE REQUEST FOR FUNDING OF CRIMINAL JUSTICE PROGRAMS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF JUSTICE - BUREAU OF JUSTICE ASSISTANCE "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM". D) A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, SUPPORTING THE REQUEST FOR FUNDING OF CRIMINAL JUSTICE PROGRAMS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF JUSTICE - BUREAU OF JUSTICE ASSISTANCE "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM". The Clerk read the captions of the items contained within the Consent Agenda. Mr. Blum requested that item 1A be pulled from the Consent Agenda. Ms. Agosta moved to approve items 1B, 1C and 1D of the Consent Agenda. Mr. Loffredo seconded the motion and the vote was unanimous in favor. Mr. Blum asked that a correction be made to the October 17, 2000 Council Meeting Minutes. He asked that the word "regulating" be changed to "restricting" in the next to the last sentence within the last paragraph of page 2. Mr. Loffredo moved approval of the Minutes as amended. Ms. Agosta seconded the motion and the vote was unanimous in favor. • 2) FINANCE DEPARTMENT Mark A. Malatak A) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, CREATING BUDGET AMENDMENT #1 TO THE FY 2000-2001 OPERATING BUDGETS, REAPPROPRIATING $145,597 FROM THE GENERAL RESERVED FUND BALANCE, $148,705 FROM THE SPECIAL REVENUE RESERVED FUND BALANCE; AND $268,508 FROM THE ENTERPRISE FUNDS RESERVED RETAINED EARNINGS TO FUND OUTSTANDING FINANCIAL OBLIGATIONS AS OF SEPTEMBER 30, 2000; AND APPROPRIATING $30,000 FROM UNRESERVED -UNDESIGNATED GENERAL FUND BALANCE TO PROVIDE MATCHING FUNDS TO LOCAL SCHOOLS FOR FY 2001; PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the Resolution. Mr. Malatak explained the purpose and need for the reappropriations, indicating that the transfers represent accounting housekeeping issues. Mr. Davis and Mayor Ulmer reiterated their opposition to the funding for the local schools but stated that because the majority of the Council had voted to provide 1 to 2 matching funds, they would not oppose the mechanism to allocate the funds. Ms. Agosta moved approval of the Resolution. Mr. Blum seconded the motion and the vote was unanimous in favor. 3) PLANNING & ZONING DEPARTMENT Al Berg A) APPEAL OF A DECISION BY THE PLANNING & ZONING BOARD DENYING SITE PLAN APPROVAL • Mr. Blum disclosed that he had listened to the audio tape of the Planning & Zoning Board meeting during which the referenced case was heard and decided. Mr. Berg outlined the issue, indicating that the Planning & Zoning Board had ruled that the proposed addition was not harmonious and denied approval of the proposed site plan. • A lengthy discussion regarding the role of the Council in this appeal and the proper procedures to follow took place. The Council asked whether or not Dr. Maples wanted to defer the issue until the Village Attorney was present. Dr. Maples indicated that he would not be available for the next Council Meeting and wanted to move forward. Subsequent to this discussion, based on past practice and the manner by which the issue was brought before the Council, it was agreed upon that the Council was acting as the appellate body and a super majority vote would be required to overturn the Planning & Zoning Board's decision. Dr. Maples provided information regarding his appeal, indicating that the term harmonious is an arbitrary term and the standard used by the Planning & Zoning Board was unfair. He stated that the addition to his home would provide an environmentally friendly design and would not be seen from the roadway. Dr. Maples stated that alternative designs had been considered but that the alternatives would not provide him with the square footage he desired. He also stated that the alternative designs would be much more costly. Council questioned Dr. Maples on the design particulars, asking for clarification on sight lines for the roof, flat roof sections, facing windows, and addition elevation. Mr. Berg offered the Council the Staff's opinion and response to Dr. Maples' argument. Mr. Berg stated that the proposed addition is approximately 264 square feet. He stated that there are other ways for Dr. Maples to obtain the desired lighting effect for the room addition. Mr. Berg stated that a gabled design roof had been proposed and discarded by Dr. Maples. Mr. Berg stated that the Planning & Zoning Board had ruled that the proposed addition was not harmonious with the surrounding homes and neighborhood. Page 2 • Mr. Blum stated his opinion that Dr. Maples faces challenges in designing the addition and moved to reverse the decision of the Planning & Zoning Board and approve the site plan. Ms. Agosta seconded the motion for discussion purposes. Council discussion centered around the various aspects of the roof design and their concerns with its appearance. Mr. Blum reiterated his comments regarding the challenges facing Dr. Maples. Mr. Loffredo expressed his concern that the existing roof would need to be modified to accommodate drainage and that "jury rigging" would be required. Mr. Davis stated that the Council had appointed the members of the Planning & Zoning Board who had looked at the plans and deemed them to be inharmonious. Mayor Ulmer stated that he personally liked the originality of the design but that the "harmonious" standard needs to be applied specifically to the surrounding neighborhood. Mayor Ulmer spoke about the process of the appeal and called for a vote with the following results: Mr. Blum and Mr. Davis voted in favor of the motion. Mayor Ulmer, Mr. Loffredo and Ms. Agosta voted against the motion. The motion to overturn the Planning & Zoning Board decision failed by a 3 - 2 vote. 4) VILLAGE CLERK Barbara A. Fugammi A) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 703 OF THE MIAMI SHORES LAND DEVELOPMENT AND ZONING CODE, DELETING THE REFERENCE TO A $50.00 FEE FOR A VARIANCE REQUEST APPLICATION AND AMENDING ARTICLE IX - ADMINISTRATION, OF THE MIAMI SHORES LAND DEVELOPMENT AND ZONING CODE BY ADDING A SECTION 909 AUTHORIZING AND DIRECTING THE VILLAGE MANAGER OR HIS DESIGNEE TO ESTABLISH AND PROMULGATE A FEE SCHEDULE RELATING TO APPLICATIONS FOR VARIANCES, SITE PLAN REVIEWS, REZONING REQUESTS, COMPREHENSIVE PLAN AMENDMENTS AND SPECIAL EXCEPTIONS/COUNCIL APPROVALS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Second & Final Reading - Public Hearing Required) The Clerk read the caption of the Ordinance. Ms. Agosta moved approval of the Ordinance on second reading. Mr. Loffredo seconded the motion. Mayor Ulmer opened the floor for public comment. There being no one present who wished to speak on the issue, Mayor Ulmer asked for Council comments. Mr. Blum expressed his concerns regarding the proposed fee for residential site plan reviews and the Council asked for clarification and Administration's interpretation as to when the fees would be assessed. It was noted that the fees fall within an acceptable range and are lower than some of the other municipality's corresponding fees. Mr. Loffredo suggested that the proposed fees be used and re-evaluated per the conditions set forth in the ordinance. Mayor Ulmer called the vote with a 4 -1 result, Mr. Blum opposing the motion. B) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 4, SECTION 4-3, OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, SETTING FORTH RESTRICTIONS APPLYING TO THE EXISTENCE OF BOTTLE CLUBS WITHIN MIAMI SHORES VILLAGE, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (Second & Final Reading - Public Hearing Required) Page 3 • The Clerk read the caption of the ordinance. Mr. Loffredo moved approval on second reading. Ms. Agosta seconded the motion. Mayor Ulmer opened the floor for public comment: Alexa Enthoven Ms. Enthoven spoke in favor of allowing bottle clubs within the Shores. Mark Sell Mr. Sell spoke positively about the Village Cafe. T. F. Chambers Mr. Chambers stated that he is in favor of closing the existing loophole. John Challenor Mr. Challenor spoke against closing the loophole and anything else that would discourage business in downtown Miami Shores. Bob Smith Mr. Smith spoke against inhibiting the redevelopment of Second Avenue. Mayor Ulmer closed public comment. Mayor Ulmer clarified the purpose of the proposed ordinance and stated that he intents to have staff create an ordinance which would allow for the sale of beer and wine in conjunction with a restaurant. The ordinance would be presented to the Planning & Zoning Board and then come before the Council. Several Council members expressed their support of Mayor Ulmer's suggestion. Mayor Ulmer called the vote with a 4 -1 result. Mr. Blum opposed the motion. 5) ANNOUNCEMENTS The Clerk read the announcements. • 6) PUBLIC COMMENTS Bekky Leonard Ms. Leonard spoke about the voter turn out, a recent fatal vehicle accident, and a meeting at the Elementary School regarding the attendance boundary issue. 7) COUNCIL COMMENTS Al Davis Mr. Davis spoke about the election. Mary Ross Agosta Ms. Agosta asked that staff try to work with Dr. Maples regarding his home addition. Steve Loffredo Mr. Loffredo spoke about the upcoming school boundary meeting. He also asked that the Village Administration try to get an accurate schematic of N.E. 2" Avenue from the County. Bob Blum Mr. Blum spoke of the presidential election. Mayor Ulmer Mayor Ulmer thanked the veteran's for their service to the U.S. which allows us the freedom to vote. Page 4 • • • 8) ADJOURNMENT The November 7, 2000 Council Meeting was adjourned at 9:45 PM. Barbara A. Fugazii, CMC - Village Clerk Mark S. Ulmer, Mayor Page 5