02-06-2001 Regular Meetingr
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MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The regularly •scheduled meeting of the Miami Shores Village Council took place on Tuesday, February
6, 2001 at the C. Lawton McCall Community Center commencing at 7:30 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
PUBLIC HEARING
1) APPROVAL OF A DESIGN PLAN FOR MIAMI-DADE COUNTY'S N.E. SECOND
AVENUE ROADWAY IMPROVEMENT PROJECT.
Mr. Benton offered historical information regarding the agenda item and indicated that representatives
from the County and Kimberly -Horn, traffic engineers, were available to answer any questions that the
Council may have. Mr. Gaspar Miranda from the Miami -Dade County Public Works Department,
provided general information on each of the roadway design alternatives, including the different sidewalk
widths, curb & gutter requirements, lane widths, and landscaping restrictions. Mr. Davis moved to
approve the "hybrid" roadway improvement plan. Mr. Blum seconded the motion. Mayor Ulmer opened
the floor for public comment.
T.F. Chambers Mr. Chambers asked about the police department costs to accommodate the lane
changes. Mr. Benton indicated that there would not be any costs involved.
Susie Lawson Ms. Lawson thanked the Council for supporting the median plan, but rather the
"hybrid" plan, as this plan calls for wider sidewalks which she feels are essential
to the redevelopment of the downtown area.
Jim McCoy Mr. McCoy stated his opinion that the hybrid plan is the way to go and asked for
clarification regarding the need for turn lanes at the intersections and urged the
County to install the turn lanes only where absolutely necessary. Additionally,
Mr. McCoy asked whether the existing sidewalks would be preserved or if the
County builds entirely new sidewalks. Mr. Miranda indicated that the County
would preserve as much as possible and that turn lanes would be determined by
traffic flow.
• Village Shoe Repair The business operator confirmed construction start dates which is scheduled for
approximately July of 2003.
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Mayor Ulmer closed public comment. Each Council member expressed their opinions on the pros and
cons of the various plans. Mayor Ulmer called for a vote which was 4 - 1 in favor of the motion to
approve the hybrid plan. Ms. Agosta was the opposing vote.
CONSIDERATIONS
2) LIBRARY Elizabeth Esper
A) DISCUSSION AND POSSIBLE ACTION REGARDING FUNDING FOR THE
BROCKWAY MEMORIAL LIBRARY.
Brockway Memorial Library Board of Trustee member, Alice Burch, provided the Council with
information regarding the request to guarantee funds for the Library building addition, stating that there
is a real possibility that funding from the Village will not be necessary. Ms. Burch indicated that the
Library has raised close to their goal of $125,000 with matching 1:1 funds to be donated by the North
Dade Medical Foundation. Additionally, the State Grant for $125,000 looks extremely promising. This
would bring the total available funding to $375,000. The guarantee of Village funding is to cover the
State Grant should those monies not be approved by the Governor and to fund any shortfall in the
$125,000 library fund raising efforts. Mr. Agosta moved that the Village guarantee funding up to
$150,000 as a safety net should State Grant monies not be awarded. Mr. Loffredo seconded the motion.
Mayor Ulmer asked for public comment and hearing none, called for a vote. The vote was unanimous in
favor of the motion.
3) VILLAGE CLERK Barbara A. Fugazzi
A) APPROVAL OF THE JANUARY 16, 2001 REGULAR COUNCIL MEETING
MINUTES.
Mr. Loffredo moved approval of the January 16, 2001 Council Meeting Minutes. Mr. Davis seconded the
motion and the vote was unanimous in favor.
B) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL REAFFIRMING
THE CURRENT RECREATION DEPARTMENT POLICY RELATING TO
COUNTRY CLUB MEMBERS ADMITTANCE TO THE POOL.
Mr. Benton stated that the purpose of the Resolution is to provide continuation of a long standing policy
which allows individuals holding Country Club social memberships admittance to the aquatic center
providing the individuals pay the non-resident admittance fee. Mr. Blum moved approval of the
Resolution. Ms. Agosta seconded the motion and the vote was unanimous in favor. Mr. Loffredo wished
to have the record reflect that the issue had been raised and unanimously approved by the Recreation
Advisory Board.
C) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING ZONING
ORDINANCE NO. 270, BY DELETING A PORTION OF SECTION IV OF THE
SCHEDULE OF REGULATIONS, WHICH REFERENCES OFF-STREET PARKING
SPACES AND OFF-STREET LOADING SPACES, DELETING DIVISION 5,
SECTIONS 520 THROUGH 521.3, PARKING SPACES IN ITS ENTIRETY;
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SUBSTITUTING NEW LANGUAGE FOR SECTION 520, PARKING
REQUIREMENTS, ESTABLISHING NEW PARKING REGULATIONS FOR ALL
ZONING USE DISTRICTS, PROVIDING DEFINITIONS, PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN
EFFECTIVE DATE.
The Clerk read the caption of the ordinance. Mr. Benton introduced Mr. Al Berg, Planning & Zoning
Director, who will make the presentation to the Council. Mr. Berg outlined the points which were taken
into account by the Planning & Zoning Board, including traffic/safety, pedestrian friendliness,
landscaping, drainage, and aesthetics. Mr. Berg circulated photographic representations of various
parking areas throughout the Village. The photos demonstrated the problems caused by the current code
not addressing certain parking restrictions. Individual Council members asked questions regarding the
photos, recounting some of the issues raised by the pictures. Mr. Davis moved approval of the Ordinance
on first reading. Mr. Loffredo seconded the motion. Mayor Ulmer opened the floor for public comment.
Cliff Walters
Mr. Walters expressed his concerns regarding garage enclosures, stating that
when people enclose their garages, a parking space is eliminated and the
additional living space usually equates to additional individuals in the
household.
Doug Garber Mr. Garber stated his opinion that gravel should be allowed for driveway .
approaches, indicating that the Planning & Zoning Board would not consider the
request. He agreed that the issue would need to be regulated, but asked the
Council to consider allowing the gravel material.
As no additional individuals wished to speak, Mayor Ulmer closed public comment. Mr. Berg advised
the Council of the Planning & Zoning Board's concerns regarding gravel approaches or driveways, siting
gravel drifting into the swales and roadways, as well as into the drainage systems. Discussion amongst
the Council members centered around the triggering mechanism for the new parking requirements to be
instituted, the issue of garage enclosures and the use of gravel, as well as enforcement issues. Mayor
Ulmer suggested that amendments can be made to the Ordinance at second reading. The Clerk asked that
Council members provide written amendments to the proposed ordinance. Mayor Ulmer called for the
vote which was unanimous in favor.
Mayor Ulmer called for a recess at 9:30 PM and re'convened the meeting at 9:40 PM.
D) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING ZONING
ORDINANCE NO. 270, ARTICLE VI. SPECIAL APPROVALS, ADDING SECTION
610, RELATING TO THE GRANTING OF SPECIAL CONDITIONAL USE PERMIT
TO RESTAURANTS FOR CONSUMPTION OF BEER AND WINE ON PREMISES,
DEFINING RESTAURANTS, PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE.
The Clerk read the caption of the ordinance. Mr. Benton indicated that Mr. Berg would provide
presentation information. Mr. Berg stated that the Planning & Zoning Board had considered the
ordinance which was passed and recommended for adoption by the Council. A discussion ensued
regarding whether the cost of the permit should be included in the ordinance. Following the discussion
and upon the recommendation of Mr. Sarafan, it was the consensus of the Council to include a dollar
amount for the permit fee within the text of the ordinance.
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Mr. Davis moved approval of the ordinance on first reading. Ms. Agosta seconded the motion. Mayor
Ulmer opened the floor for public comment and having no one indicate that they wished to speak on the
issue, closed public comment. Council spoke individually of their concerns with some of the language
contained in the ordinance, i.e. that a maximum permit fee of $250.00 be added, and the text "cooked,
full course meals" within Section 1 be deleted, as well as a concern with the word "daily" as it relates to
the definition of restaurant. Mr. Loffredo stated that the intent of the language is to avoid establishments
that serve snacks yet call them meals. Mr. Blum stated that the requirement that 50% of revenue be
derived from food eliminates the issue raised by Mr. Loffredo. Ms. Agosta stated her opinion that any
changes to the proposed ordinance should be sent back to the Planning & Zoning Board. Mayor Ulmer
suggested that amendments can be made at the time of the second reading and called for a vote. The
results of the vote were unanimous in favor.
4) VILLAGE COUNCIL Mayor Ulmer
A) MOTION FOR PRELIMINARY APPROVAL OF REFERENDUM LANGUAGE FOR
N.E. SECOND AVENUE IMPROVEMENTS AND SEWERS.
Mayor Ulmer indicated that it was his intention to request tabling the item due to information obtained
from the County and DERM, and that he had been premature in recommending inclusion on the April,
2001 election ballot. Mr. Loffredo moved to table Item 4A. Ms. Agosta seconded the motion and the
vote was unanimous in favor.
5) ANNOUNCEMENTS
The Clerk read the announcement.
6) PUBLIC COMMENTS
T.F. Chambers Mr. Chambers spoke about drain field requirements instituted by DERM.
Lois Mamula Ms. Mamula spoke about the fence along Biscayne Boulevard and the need for a
gate.
Cliff Walters Mr. Walters spoke about,the sewer issue, speaking about the high cost of
connection fees.
7) COUNCIL COMMENTS
Mary Ross Agosta Ms. Agosta spoke about the letter from the 105th Street residents regarding their
request for a gate in the fence.
Bob Blum Mr. Blum talked acknowledged receipt of the letter regarding the fence.
Al Davis Mr. Davis stated he had received the letter about the fence.
Steve Loffredo Mr. Loffredo reminded residents that the fence was installed for the safety of the
children, not just for security reasons.
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Mayor Ulmer
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Mayor Ulmer spoke about the fence. He also congratulated Herta Holly on
being named Citizen of the Year and Jim McCoy on being named President of
the Chamber. Mayor Ulmer reminded everyone about the "Evening in the
Tropics" event.
The February 6,2001 Council Meeting was adjourned at 10:20 PM.
Barbara A. Fugazzi, CMC - Village Clerk
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Mark S. Ulmer, Mayor