Loading...
02-20-2001 Regular Meeting• • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regular meeting of the Miami Shores Village Council was held on Tuesday, February 20, 2001 at the Miami Shores Village Hall commencing at 7:30 PM with the following members present: PRESENT: Mayor Mark 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) VILLAGE CLERK Barbara A. Fugazzi A) APPROVAL OF THE FEBRUARY 6, 2001 REGULAR COUNCIL MEETING MINUTES. Ms. Agosta pointed out a typographical error on page 2 of the Minutes and then moved approval of the February 6, 2001 Council Meeting Minutes as corrected. Mr. Loffredo seconded the motion and the vote was unanimous in favor. B) 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. (SECOND AND FINAL READING - PUBLIC HEARING REQUIRED) The Clerk read the caption of the ordinance. Mayor Ulmer outlined his thoughts on how to proceed with the proposed amendments on both items 1A and 1B. He suggested that a motion be made to approve the ordinance as written, motions be made and voted on for each proposed amendment, and then a fmal vote on the ordinance as amended. There were no objections voiced regarding this format. Ms. Agosta moved to adopt the ordinance as written on second reading. Mr. Loffredo seconded the motion. Mayor Ulmer opened the floor for public comment. No one wished to speak on the proposed ordinance. Mr. Davis moved to amend the ordinance to include language authorizing the Village to charge a permit fee in an amount not to exceed $250.00. Mr. Loffredo asked for an opinion on whether $250.00 is reasonable for the permit. Mr. Sarafan and Mr. Berg stated that other municipalities, as well as the County fees are higher. Ms. Agosta clarified that the $250.00 fee is intended to be an annual fee and asked that the word "annually" be added to Mr. Davis' amending language. There was no objection to the addition. Mayor Ulmer again opened the floor for public comment with no one present wishing to address the proposed ordinance. Mayor Ulmer called for the vote on the annual permit fee not to exceed $250.00 which was unanimous in favor. • • • Mr. Davis moved to amend the proposed ordinance by deleting the words "daily" and "full course" from the definition of restaurant, substituting "open a minimum of five days". Mr. Blum seconded the motion. Council members shared their concerns regarding the ordinance language and reiterated the intention to allow for beer and wine sales with meals, but not to have bars or saloons within the Village. The Council, by consensus, added the words "per week" following Mr. Davis' substitution of "open a minimum of five days". Mayor Ulmer asked for public comment but no one offered any comments. Mayor Ulmer called for a vote on Mr. Davis' amending language referring to the defmition of a restaurant. The vote was 4 to 1 in favor with Mr. Loffredo dissenting. Mr. Davis moved to adopt the ordinance as amended. Mr. Blum seconded the motion and the vote was 4 to 1 in favor with Mr. Loffredo dissenting. 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; 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. (SECOND AND FINAL READING - PUBLIC HEARING REQUIRED) The Clerk read the caption of the ordinance. Mr. Al Berg reviewed the proposed amendments by the Staff. Ms. Agosta moved to adopt the ordinance on second reading as written. Mr. Davis seconded the motion. Mayor Ulmer opened the floor for public comment and having no one step forward, closed public comment. Ms. Agosta moved to amend the proposed ordinance as recommended by Village Staff in relation to the gas station parking spaces. Mr. Davis seconded the motion. Mr. Loffredo verified that Westar and the Chevron Station have the required number of spaces per the amended language. Mayor Ulmer opened the floor for public comment. Resident Chuck Medland, reiterated the number of parking spaces at the Chevron Station. Mayor Ulmer closed public comment and called for the vote on the amendment which was unanimous in favor. Ms. Agosta moved to adopt the Staff's recommended language change as it relates to loading spaces. Mr. Davis seconded the motion. No public comment was offered when Mayor Ulmer opened the floor. Mayor Ulmer called for a vote on the amendment which was unanimous in favor. Ms. Agosta moved to adopt the Staff recommendation of amending language regarding temporary parking not to be allowed on the sidewalk. Mr. Loffredo seconded the motion. Council clarified the intention of the language amendment. Mayor Ulmer opened the floor for public comment and hearing none, called for the vote which was unanimous in favor. Mr. Loffredo moved to amend the proposed ordinance and allow for gravel driveways, as provided for in his Council packet attachment. Mr. Blum seconded the motion. Mayor Ulmer opened public comment and resident, Bill Koch, indicated that gravel was dangerous as it becomes flying debris during a hurricane. No other public comment was offered and Mayor Ulmer closed public comment. Page 2 • • Mr. Loffredo indicated that the proposed language is very specific regarding installation and maintenance parameters. He stated his belief that people should be given the option. Individual Council members expressed their opinions on whether or not gravel should be allowed. Mayor Ulmer called for the vote on the amendment which failed 2 to 3 with Mr. Loffredo and Mr. Blum in favor of the motion to allow for gravel driveways and Mayor Ulmer, Mr. Davis and Ms. Agosta voting against. Mr. Blum moved to amend to include language changing the trigger mechanism with respect to residential compliance with the new ordinance and offered language which would institute a 50% rule (alterations exceeding 50% of the assessed value of the building would be required to meet the new code provisions). Mr. Loffredo seconded the motion. Mayor Ulmer opened the floor for public comment but hearing none, closed public comment. A lengthy discussion amongst the Council ensued, with the individual members sharing their views on the proposal. Various scenarios were given as examples in order to clarify Mr. Blum's intention. Council members discussed the potential impacts of the language amendments. Mayor Ulmer called for a vote on Mr. Blum's request to have language contained within Paragraph C - Existing Uses amended to include a 50% improvement rule added. The vote was 2 to 3 with Mr. Blum and Mr. Loffredo in favor of the motion and Mayor Ulmer, Mr. Davis and Ms. Agosta opposing the motion. The motion failed. Mayor Ulmer moved to amend the ordinance, adding language to the Single Family Uses section, addressing garage enclosures. Ms. Agosta seconded the motion. Mr. Ulmer explained the rationale for his proposed amendment, indicating that if a garage is enclosed, one parking space has been eliminated and should be replaced. Individual Council members discussed their thoughts on the proposal and subsequently Mayor Ulmer withdrew his motion. Mayor Ulmer moved to amend Paragraph A in the General Provisions Section of the ordinance to include a change to a more intense use to trigger compliance. Ms. Agosta seconded the motion. No public comment was offered when Mayor Ulmer opened the floor. Mayor Ulmer called for the vote on the amendment which was unanimous in favor. Mayor Ulmer moved to amend Paragraph C in the General Provisions Section of the ordinance to include a provision that property owners be required to obtain approval of a new site plan when changing to a more intense use of the property. Mr. Davis seconded the motion. No public comment was offered when Mayor Ulmer opened the floor. Council discussion centered around how owners in the business district would be able to comply with parking provisions due to the foot prints of the current buildings and the availability (or lack thereof) of parking. Mayor Ulmer called for a vote which was 4 to 1 in favor with Mr. Blum dissenting. Mr. Loffredo moved to adopt the ordinance on second reading as amended. Ms. Agosta seconded the motion. Mayor Ulmer once again opened the floor to public comment and having no one come forward, closed the public hearing and called for the vote which was unanimous in favor. Mayor Ulmer called for a recess at 9:15 PM and reconvened the meeting at 9:28 PM. 2) VILLAGE MANAGER Tom Benton A) APPROVAL OF EXPENDITURE OF REIMBURSABLE FUNDS IN THE AMOUNT OF $24,368 FOR THE INSTALLATION OF A FOUNTAIN FOR MEMORIAL PARK. • Mr. Benton provided background information to the Council regarding the item. Ms. Agosta moved approval of the expenditure. Mr. Davis seconded the motion. No one from the audience wished to Page 3 • • • comment on the item. Council questions related to the accessory work needed to be done in the Park to ready the area for the fountain installation. Mayor Ulmer called for a vote which was unanimous in favor. B) DISCUSSION REGARDING THE POSSIBILITY OF PURCHASING THE PROPERTY LOCATED AT 680 N.E. 97Th STREET. Mr. Benton offered information to the Council regarding the item, indicating that the house and property across the street from the Community Center had been put on the market for sale and that it represents an opportunity for the Village to address the parking situation. Mr. Benton further explained that he and Mr. Sarafan had been negotiating with the Presbyterian Church regarding the Village's use of their parking lot but had not reached a satisfactory conclusion. Mr. Loffredo asked for some specifics regarding the negotiations between the Village and the Church and the property located at 680 N.E. 97' Street. Individual Council members expressed their opinions on the use of the land for parking. Subsequent to the discussions, Mr. Davis moved to direct the Village Manager to obtain appraisals on the Church's parking lot. Mr. Loffredo seconded the motion. Mayor Ulmer opened the floor for public comment. Bill Koch Reverend Koch, who lives across the street from the subject house, stated that he would not encourage the Village to proceed with purchasing the house with the intention of turning the lot into parking. Prospero Herrera Mr. Herrera spoke about the separation of church and State and indicated that the Village should help maintain the Church property. John Barbick Mr. Barbick lives next door to the house that is for sale and indicates that he does not want to look out his side windows in the future and see a parking lot. Susie Lawson Ms. Lawson is the listing broker for the property and asked that the Council squash the possibility of taking the house by eminent domain so that she can sell the property without the overhanging threat of the Village taking the property. Bekky Leonard Ms. Leonard stated her belief that the congregation of the Church is unaware of the negotiations with the Village. Mayor Ulmer closed public comment and called for a vote regarding obtaining appraisals of the church parking lot. The results of the vote was unanimous in favor. 3) VILLAGE COUNCIL A) DISCUSSION AND POSSIBLE ACTION REGARDING THE INSTALLATION OF A GATE IN THE WROUGHT IRON FENCE AT 104Th STREET. Al Davis Mr. Davis moved to put a gate in the wrought iron fence installed along the east side of Biscayne Boulevard. Discussion regarding particulars of the gate were discussed, including general security/safety issues, the type of locking mechanism, and location. Council members shared their opinions regarding the proposed gate. Subsequent to these discussions, by consensus of the Council, the wording of Mr. Davis' motion was changed to include the requirements that the gate contain a combination lock, be spring-loaded and located at 104th Street. Mayor Ulmer opened the floor for public comment. Page 4 • • • • Bekky Leonard Chuck Medland Ms. Leonard agreed that a gate is necessary but believes that it should be further south than 104th Street. This resident spoke about the wall on the house property that is adjacent to 104th Street. Mayor Ulmer closed public comment and called for a vote on the motion. The vote was unanimous in favor. B) COUNCIL APPOINTMENT OF TWO NEW MEMBERS TO THE CHARTER SCHOOL BOARD OF TRUSTEES AND DEFINING THE TIME FRAME FOR THE TERM APPOINTMENT. Steve Loffredo Mr. Loffredo stated his purpose for sponsoring the item and suggested that the Village advertise for the two appointees and make the appointments just as the other Board/Committee appointments are made. He further suggested that term limits be instituted. Discussion centered around the parameters of the appointments and the number of years in the term. Mr. Loffredo moved to change the procedure for appointment to the Charter School Board, by setting a definite term of 2 years, the first two appointments to be staggered (one 1 year term and one 2 year term) and to make the appointments within 60 days after proper advertising. Ms. Agosta seconded the motion. Issues of application criteria were addressed. Mayor Ulmer called for a vote which was unanimous in favor. 4) ANNOUNCEMENTS The Clerk read the announcements. 5) PUBLIC COMMENTS Bekky Leonard Ms. Leonard spoke about the Miami Shores Elementary School boundary committee. 6) COUNCIL COMMENTS Steve Loffredo Mr. Loffredo spoke about the upcoming Mayor's Task Force event, Evening in the Tropics. Mary Ross Agosta Ms. Agosta spoke about the attendance at the pool over the weekend. Al Davis Mayor Ulmer Mr. Davis thanked Ms. Leonard for her work on the ABC committee, thanked Tom Benton and Richard Sarafan regarding the Community Center parking issue, and congratulated Al Berg and the Planning & Zoning Board for their work on the parking ordinance. Mr. Davis also expressed his hope that Jeanne Blum is feeling better. Mayor Ulmer also thanked Bekky Leonard for her work on the elementary school boundary issue. Thanked the Council for their perseverance on getting through the parking ordinances and spoke about the Evening in the Tropics. Page 5 • • • 7) ADJOURNMENT The February 20, 2001 Council Meeting was adjourned at 10:30 PM. Barbara A. Fugaz7i, CMC - Village Clerk Page 6 Mark S. Ulmer