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02-19-2002 Regular Meeting• • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled meeting of the Village Council was held on Tuesday, February 19, 2002 in the Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following members present: PRESENT: ALSO PRESENT: CONSIDERATIONS Mayor Davis Greg Ullman Bob Blum Prospero Herrera Mark Ulmer Tom Benton, Village Manager Barbara Fugaz7i, Village Clerk Richard Sarafan, Village Attorney 1) MINUTES Barbara Fugazzi A) APPROVAL OF THE FEBRUARY 5, 2002 REGULAR COUNCIL MEETING MINUTES. Mr. Sarafan requested that the February 5th minutes be amended as follows: Item #2 - Last sentence of the 1st paragraph: Mr. Sarafan stated that the applicants should be given the opportunity to request the Council to table their appeal until such time as the full Council is present to hear their cases. Mr. Blum moved approval of the minutes as amended. Mr. Herrera seconded the motion and the vote was unanimous in favor. 2) PLANNING & ZONING DEPARTMENT Al Berg A) AN APPEAL OF THE DECISION MADE BY THE PLANNING & ZONING BOARD DENYING MR. WALTER MICHOT'S CHOICE OF HOUSE PAINT COLORS. Mr. Ullman moved to take Item 2A from the table and hear the appeal. Mr. Herrera seconded the motion and the vote was unanimous in favor. Council Member Blum, Herrera, Ullman and Davis disclosed that they had either driven by the property or had conversations with the property owner. Mr. Sarafan swore in any individual expected to testify. Mr. Ulmer asked for clarification on the grounds for the appeal to which Mr. Sarafan indicated that the hearing was not a de novo hearing but an appeal of the Planning & Zoning Board's decision. s Mr. Michot gave the Council background information regarding the permit process he followed, including the research and subsequent approval of the Historic Preservation Board prior to the issuance of the original paint permit. He also detailed the circumstances surrounding the denial of a new permit being issued once his original permit had expired. Mr. Berg reviewed the Staff position, indicating that the original paint permit had expired and he denied Mr. Michot a new permit based on the paint color choice. The Planning & Zoning Board upheld Mr. Berg's denial, finding that the color choice was not harmonious with the surrounding neighborhood. Individual Council Members questioned both Mr. Michot and Mr. Berg regarding the particulars of the permit and approval process, whether the originally submitted paint color was the same as the re- submitted color swatch and whether the paint on the home was the same as the color swatch. Mr. Ulmer moved to overrule the Planning & Zoning Board's decision denying Mr. Michot a paint permit. Mr. Ullman seconded the motion. Council Members offered brief follow-up remarks and Mayor Davis called for the vote which was unanimous in favor of the motion. B) AN APPEAL OF THE DECISION MADE BY THE PLANNING & ZONING BOARD DENYING MR. GARCIA AND MS. HEGEDUS-GARCIA'S ASSERTION THAT THEIR CHILDREN'S PLAYHOUSE SHOULD NOT BE INTERPRETED TO BE AN ACCESSORY BUILDING. Mr. Blum moved to take from the table Item 2B and hear the appeal. Mr. Herrera seconded the motion and the vote was unanimous in favor. Mr. Sarafan swore in any individual expected to testify in this matter. Council Members Blum, Ullman, Herrera and Davis disclosed that they had driven by the property. It was confirmed that the issue before the Council is an appeal. Ms. Hegedus -Garcia provided information regarding her case and stated her belief that her problem stems from the fact that children's playhouses are not defined in the Code of Ordinances. She further stated that due to this fact, the Village has subjectively viewed the erection and construction of her playhouse to need to be of masonry construction. Mr. Berg reviewed the history of the issue before the Planning & Zoning Board and stated that children's playhouses are listed as accessory buildings. He cites the applicable sections of the Code which apply to the structure being constructed by the Garcia's. It was confirmed that the structure was built without first applying for or receiving a building permit and that Ms. Hegedus -Garcia purports to be an architect. Council questions and discussion centered around the difference between the structure which Ms. Hegedus -Garcia is building and the playhouses normally sold at the local toy -store level. Mr. Berg indicated that it is the Staff's contention that due to the size of the structure, as well as the fact that a foundation had been poured to support the structure, is the reason why the playhouse must be of masonry construction. Mr. Ulmer moved to uphold the Planning & Zoning Board's decision. Mr. Blum seconded the motion. Individual Council Members offered their belief that the Code is not vague about the masonry construction requirement and that her particular playhouse should have to comply with those requirements. Mayor Davis called for the vote which was unanimous in favor. Page 2 • Mr. Blum then moved to adopt a resolution proposing that the Planning & Zoning Board draft an amendment to the Village's Code of Ordinances eliminating the requirement that children's playhouses conform to the masonry construction provision, but that they meet certain size requirements, that they meet the setback requirements, and that the applicant submit architectural engineering drawings per the South Florida Building Code. Mr. Ulmer seconded the motion and the vote was unanimous in favor. 3) VILLAGE COUNCIL Greg Ullman A) DISCUSSION AND POSSIBLE ACTION REGARDING THE SHORES PERFORMING ARTS THEATER. Mr. Ullman moved to take Item 3A off the table. Mr. Blum seconded the motion and the vote was unanimous in favor. Mr. Ullman moved to make a grant of $25,000 to the Shores Performing Arts Theater. Mr. Ulmer seconded the motion. Mr. Ullman summarized the background information contained within his 1/29/01 memorandum, including the reasons he believed the Village should support the Theater's request. The Council's discussion centered around their individual opinions on the funding request and whether or not the funding could be provided in a different manner (installment payments, payments directly to the landlord, etc.) Mr. Ulmer moved to amend the original motion but he subsequently withdrew the motion. Following these discussions, Mr. Ullman restated his original motion and moved to provide the Shores Performing Arts Theater Inc. with a lump sum payment of $10,000 with the remaining $15,000 to be paid . in equal monthly installments of $1,250.00. Stipulations to the payment of these funds are that the Village retains the right to terminate payments at any time if there is a change in the financial condition or possessory rights of the Shores Performing Arts Theater Inc. and that the payments be utilized for rent payments. Mr. Ulmer seconded the motion. The Council clarified the intent of the motion and Mayor Davis called for the vote which was 4 - 1 with Mayor Davis dissenting. • B) DISCUSSION REGARDING THE STATUS OF THE CHARTER HIGH SCHOOL PROJECT, INCLUDING DRAFT RFP. Mr. Ullman stated his intent for placing this item on the Agenda which was to allow for the Council to discuss the issuance of the Charter High School RFP, and specifically whether or not the Council will have the resolve to exercise its rights with regards to taking property through the eminent domain process. Based on a discussion between Council Members and Mr. Sarafan, it was confirmed that the actual RFP document does not need to be approved by the Council before its issuance and the Council was advised that if they had any comments regarding its content that they should contact Mr. Benton. At the request of Mr. Ullman, Mr. Ulmer provided information to the Council regarding the eminent domain process, detailing both a "quick take" and a "slow take" procedure. He indicated that in either scenario, a study would be required documenting the need for a high school in the community. Following Mr. Ulmer's presentation and a general discussion of the process, the Council agreed that Mr. Benton should move forward with contracting for a needs study. Page 3 • • 4) ANNOUNCEMENTS The Clerk read the announcements. 5) PUBLIC COMMENTS Bekky Leonard Ms. Leonard spoke about the Charter Middle School board. 6) COUNCIL COMMENTS Mark Ulmer Mr. Ulmer said good -night. Bob Blum Ditto Prospero Herrera "See you at the Mayor's Ball" Greg Ullman Mr. Ullman thanked the Council for their consideration on the Theater item and announced the upcoming production at the Theater — Dorothy Parker. Mayor Davis Mr. Davis spoke about the Mayor's Ball and Unity Day. 7) ADJOURNMENT The February 19, 2002 Council Meeting was adjourned at 10:15 P Barbara A. Fugaz7i, C C illage Clerk Page 4 Mayor