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11-19-2002 Regular Meeting• • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, November 19, 2002 in the Village Hall Council Chambers. The meeting was called to order at 7:30 PM with the following members present: PRESENT: Mayor Davis Greg Ullman Bob Blum Prospero Herrera Mark Ulmer ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney PRESENTATION As representatives from Cornerstone Development were not present at the time this item was to be heard, Mr. Ulmer moved to defer their presentation until later in the evening. Mr. Ulman seconded the motion and the vote was unanimous in favor. CONSIDERATIONS 1) PLANNING & ZONING DEPARTMENT Al Berg A) APPEAL OF DECISIONS MADE BY THE PLANNING & ZONING BOARD DENYING 1) A REQUEST TO HANG DRAPES ON THE FRONT PORCH AND 2) TO PAINT A CEMENT TILE ROOF RED. Mr. Al Berg, Director of Planning & Zoning, explained the request to hang drapes. Mr. Berg offered information relating to the Staff Opinion, as well as the Planning & Zoning Board's opinion on the request, which was that the drapes would not be harmonious to the neighborhood. Mr. Dennis Card, attorney for the appellant presented his case, indicating that his clients were "trying to enhance the value of their home". Attorney Card stated that he wanted a specific reason why his clients were being denied their request to hang drapes. Council Members clarified the information which had previously been submitted to the Planning & Zoning Board and discussed their opinions on the issue of harmony. Mr. Ulmer moved to deny the appeal as the appellant had not met the burden of showing that the Planning & Zoning Board had been unreasonable in their ruling. Mr. Herrera seconded the motion and the vote was unanimous in favor. Mr. Berg reviewed the request to paint the cement tile roof red, exhibiting roof tile samples. Mr. Berg stated that the Village policy is to not allow painting cement roofs anything other than the color they were originally painted because any new paint color bleeds through and becomes unsightly. Attorney Card explained the appellant's request, indicating that they had received permission from Mr. Benton to paint the roof once the current white paint had been removed. • Mr. Benton clarified the issue of granting permission, stating that all of the white paint would have to be removed. Mr. Sarafan confirmed with Attorney Card that the appeal was on the denial of issuing a building permit. Council Members offered their opinions on whether or not cement roof tiles should be painted any color but white, and verified that despite the appellant's efforts at cleaning off the white paint, the roof tiles remain white in color, not the original cement gray. Mr. Ulmer moved to deny the appeal as there is no record presented to overturn the Planning & Zoning Board's decision and that the roof tile is a non -conforming use per the current Code. Mr. Herrera seconded the motion and the vote was unanimous in favor. PRESENTATION As representatives from the Cornerstone Development firm were present, Mr. Ulmer moved to take from the table the scheduled presentation and hear from the group. Mr. Herrera seconded the motion and the vote was unanimous in favor. Mr. Joe Geller, Attorney for Cornerstone, introduced Mr. Leon Wolf and Mr. Henry Paper, principles of the firm. Mayor Davis indicated that there would not be public comment allowed and that he would allow a total of 45 minutes for discussion related to the presentation. Cornerstone representatives gave a brief presentation regarding both the company itself and the proposed development project. Following their presentation, individual Council Members and the Cornerstone representatives discussed issues relating to the project's site plan and associated details, i.e. traffic patterns, number of units to be built, parking plans, etc., as well as company policies. At the conclusion of the 45 minute time limit, Mr. Ullman asked about the pending impact study report due from the Planning & Zoning Board and then moved to extend the time limit previously imposed by the Mayor by an additional 30 minutes. Mr. Blum seconded the motion and the vote was 3 to 2 in favor of the motion, with Mayor Davis and Mr. Ulmer dissenting. Discussion continued between the Council Members and Cornerstone representatives, and Cornerstne restated their invitation to meet with any of the Council Members individually to review any questions. At the conclusion of the allowed time period, Mr. Ullman initiated a conversation regarding future action to be taken by the Village, i.e. oppose project, support project as is, or support project with conditions. Mr. Ullman expressed his opinion that additional time is necessary to discuss the project, as well as to receive input from the residents. Mr. Ullman moved to have the Village Administration attempt to schedule a public hearing on the issue as soon as possible. Mr. Blum seconded the motion and the vote was 3 -2 in favor of the motion with Mayor Davis and Mr. Ulmer opposed. Mr. Ulmer spoke to the issue that the Planning & Zoning Board had not heard from the Cornerstone group. Mr. Ulmer moved to have Cornerstone invited to a Planning & Zoning Board Meeting prior to the impact study report being forwarded to the Council. Mayor Davis seconded the motion. Council Members expressed their views on Mr. Ulmer's concerns and following these discussions, Mayor Davis called for the vote. The results were 1 to 4 with Mr. Ulmer being in favor of the motion and the remainder of the Council opposing. Mayor Davis called for a recess of the Council at 9:50 PM and reconvened the meeting at 10:00 PM. Calling the Meeting back to order, Mayor Davis requested that Agenda Item 3B be considered at this point in the meeting. Hearing no objections, Item 3B was introduced. • 3) B) DISCUSSION AND POSSIBLE ACTION REGARDING FURTHERING THE DEVELOPMENT OF A CHARTER HIGH SCHOOL. Mayor Davis • Mayor Davis spoke about the recent developments and inroads made in securing both a site and funding for a charter high school, thanks to the North Dade Medical Foundation and Barry University. Mayor Davis advised that he wished Mr. Benton to review the current proposal and plan for the Council and those residents in attendance. As stated in Mayor Davis' memorandum to the Council, Mr. Benton provided background information relating to the charter school issue and stated that the North Dade Medical Foundation had come forth and proposed donating $5 million to the Village to build and operate both the charter middle school as well as a new charter high school. The schools would be built on land to be supplied by the University. Mr. Benton advised those in attendance that it would be the intention of the Village to set-aside $3 million of the $5 million to cover future operating shortfalls at the two schools. To offset the $3 million set- aside, the Village will request a $3 million general obligation bond be voted upon by the voters of Miami Shores at the April, 2003 election. Mayor Davis moved to direct the Village Manager to continue negotiations to further the development of a charter school, and to periodically report back to the Council regarding his progress. Mr. Ulmer seconded the motion. Individual Council Members commented on the proposal and thanked the Foundation, the Mayor and Manager for their diligence. Mayor Davis called for the vote which was unanimous in favor of the motion. 2) VILLAGE CLERK Barbara A. Fugazzi A) APPROVAL OF THE NOVEMBER 5, 2002 REGULAR COUNCIL MEETING MINUTES. Mr. Blum moved approval of the November 5, 2002 Regular Council Meeting Minutes. Mr. Herrera seconded the motion and the vote was unanimous in favor. B) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 11 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, RELATING TO THE HISTORIC PRESERVATION BOARD, ITS COMPOSITION, JURISDICTION, MEETINGS, AND RESPONSIBILITIES, PROVIDING FOR CONFLICTS PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (Second and Final Reading — Public Hearing Required) The Clerk read the caption of the Ordinance and highlighted the proposed amendments approved by the Historic Preservation Board. Mr. Ullman moved to table the item. The motion failed for lack of a second. Mr. Ulmer moved to pass the proposed ordinance on second reading, as amended per his November 7, 2002 memorandum which he had provided as back-up. Mr. Herrera seconded the motion. Mayor Davis opened the floor for the Public Hearing. Dan Dower Mr. Dower asked for information relating to Mr. Ulmer's proposed amendment with respect to landscaping. Mr. Ulmer explained the additional amendments which he is proposing, including 1) separating the designations between a structure and a site (property without a structure); and 2) adding a provision that occupant safety be considered when reviewing whether or not to approve a • • • certificate of appropriateness. Mr. Ulmer indicated that he utilized language contained within the Secretary of the Interior's Guidelines as they relate to historic preservation. Following Mr. Ulmer's comments, the Public Hearing resumed. Warren Bittner Mr. Bittner, who serves as the Chair of the Historic Preservation Board, reviewed his concerns regarding the proposed amendments. Mr. Bittner specifically addressed his concern regarding the possibility of conflicts arising due to existing covenants which have been entered into between property owners and the Village. Bill Tenney Mr. Tenney, also a member of the Historic Preservation Board, spoke about Mr. Ulmer's suggested amendments. As no other individuals wished to speak on the proposed ordinance, Mayor Davis closed the Public Hearing. Based on Mr. Bittner's concerns, Mr. Ulmer reviewed the language contained in the covenants and indicated that there would not be a problem with differentiating between the historic designations (structure and site). Individual Council Members expressed their views on the proposed amendments. Following these discussions, Mr. Ulmer moved to amend his original motion and add proposed deleted language back into the draft ordinance. The specific language to be added back is contained in Section 11-6.... designated historic district may be demolished, moved or altered in its exterior appearance by addition, reconstruction, alteration or maintenance or by removal of or destruction of trees located on the site until an application for a certificate of appropriateness has been submitted ... Mr. Herrera accepted the amended motion and seconded the new motion. Mr. Ullman again expressed his concern and moved to send the proposed amendments back to the Historic Preservation Board. The motion failed for lack of a second. Mayor Davis called for the vote on Mr. Ulmer's amended motion which resulted in a 4 to 1 vote in favor of the motion, with Mr. Ullman opposed. 3) VILLAGE COUNCIL A) DISCUSSION REGARDING ESTABLISHING AN ARCHITECTURAL REVIEW BOARD. Bob Blum Due to the lateness of the hour, Mr. Blum asked that his item be deferred until the next regularly scheduled Council Meeting. 4) ANNOUCEMENTS The Clerk read the announcements. 5) PUBLIC COMMENTS Dan Dower Mr. Dower spoke about the historic preservation ordinance. 6) COUNCIL COMMENTS • • Bob Blum No comment offered. Mark Ulmer Goodnight Prospero Herrera Mr. Herrera offered his congratulations to Brad York on his winning the National Night Out Against Crime contest and spoke about the International Book Fair at the Miami -Dade County Community College. Greg Ullman No comment offered. Mayor Davis Thanked the audience for staying up with the Council and wished everyone a Happy Thanksgiving. 7) ADJOURNMENT The November 19, 2002 Council Meeting was adjourned at 11:20 PM. Barbara A. Fugazzi, Village Clerk C141C 5 Al 1 avis, Mayor