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01-06-2004 Regular Meeting• MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, January 6, 2004, at the Village Hall. The Meeting was called to order at 7:35 PM with the following members present: PRESENT: Jim McCoy Herta Holly Al Davis Ed Quinton Gregg Ullman ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney PRESENTATIONS Mr. Al Berg, Planning & Zoning/Code Enforcement Director, presented the January, 2004 "House of the Month" award to Raul Gonzalez. Mayor McCoy announced the winners of the Holiday Light Contest and presented certificates to those winners who were in attendance. . Candy Rengstl, the Crime Watch Coordinator, presented an award to Bert Riney, as the Mobile Patroller of the Year. • CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE DECEMBER 2, 2003 REGULAR COUNCIL MEETING AND COUNCIL WORKSHOP MEETING MINUTES. Ms. Holly moved approval of the December 2, 2003 Minutes as submitted. Mr. Davis seconded the motion and the vote was unanimous in favor. 2) PLANNING & ZONING DEPARTMENT Al Berg A) AN APPEAL OF A DECISION OF THE PLANNING & ZONING BOARD REGARDING SIGNAGE AT 9025-9037 BISCAYNE BOULEVARD. Mr. Berg summarized the discussions which took place at the Planning & Zoning Board regarding the sign, including some of the items which were considered during the meeting, i.e. whether the proposed additional sign/language is harmonious, whether the sign is advertising a service or advertising the business, etc. Mr. Berg reiterated the Board's vote to deny the proposed sign. Individual Council Members disclosed any ex -parte communications which took place prior to the Meeting. Council Members questioned Mr. Berg on various aspects of the code provisions and the proposed sign. Mr. Sarafan attempted to clarify the issue being appealed and what standard to use when looking at the facts and evidence. To assist the Council in understanding the Board's actions, and due to the fact that a number of members from the Planning & Zoning Board were present, the Council requested that they hear from a representative of the Board. • • • Mr. Rick Fernandez, Chair of the Planning & Zoning Board was asked to speak to the Council regarding the Board's discussions and ultimate vote. Mr. Fernandez advised the Board that he could not speak on behalf of the P & Z Board but could only offer his own reasoning on the application. Mr. Fernandez stated his reason for denying the requested sign centered around the fact that the existing pylon sign is a non -conforming structure and his belief that the Village should not approve anything that would expand a non -conforming use. In addition, Mr. Fernandez indicated that he considered the fact that the requested signage, in his opinion, was advertising a service, not the business itself. Individual Council Members queried Mr. Fernandez on the deliberations of the P & Z Board. The appellant, Mr. Chris Russo, presented his argument and belief as to why the Council should overturn the decision made by the Planning & Zoning Board. Mr. Russo pointed out the discrepancy in the current pylon sign and stated that many of the signs were not properly permitted. Mr. Benton advised Mr. Russo and the Council that the Village would research the permitting issue and speak to the owner of the shopping center regarding replacement of the entire sign. Mr. Ullman moved to overrule the decision of the Planning & Zoning Board. Mayor McCoy seconded the motion. Individual Council Members expressed their opinions on the issue, addressing the points raised during the lengthy discussions. Following the Council's remarks, Mayor McCoy called for the vote which was 2 to 3 in favor of the motion. Mr. Davis, Mr. Quinton and Ms. Holly voted in opposition to the motion. As the motion did not receive a 4/5 vote of the Council in favor of the motion, the motion failed and the decision of the Planning & Zoning Board was upheld. B) AN ORDINANCE AMENDING THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, ZONING ORDINANCE, NO. 270, SECTION 301, "ZONING MAP OF MIAMI SHORES VILLAGE" BY CHANGING THE ZONING CLASSIFICATION OF PROPERTY LOCATED AT 10653 N.E. 6TH AVENUE FROM R-20, SINGLE FAMILY RESIDENTIAL, TO CF, COMMUNITY FACILITY, REPEALING ANY AND ALL CONFLICTING ORDINANCES, PROVIDING FOR AN EFFECTIVE DATE. The Village Clerk read the caption of the proposed Ordinance. Council Members disclosed any ex -parte communications which have taken place with respect to the subject property. Ms. Holly spoke of her objections to re -zoning the residential property, citing concerns with encroachment and disruption of the neighbor's quality of life. Council Members each expressed their appreciation of Ms. Holly's concerns but spoke of their belief that the zoning designation should match the data contained within the Village's Comprehensive Plan. In addition, the Council Members voiced their opinion that growth concerns can be addressed in another manner. Mr. Davis moved to adopt the Ordinance on first reading. Mr. Quinton seconded the motion with the vote tally being 4 to 1 with Ms. Holly casting a dissenting vote. 3) VILLAGE MANAGER Tom Benton A) AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH JAMES A. CUMMINGS, INC. SUBJECT TO THE REVIEW AND APPROVAL OF THE VILLAGE ATTORNEY, TO CONSTRUCT THE CHARTER SCHOOL. Mr. Benton offered information regarding the process used to select James A. Cummings, Inc., as well as the highlights o f the c ontract n egotiations. In r esponse t o i ndividual C ouncil M embers q uestions, M r. B enton clarified the type of contract to be utilized (Construction Manager At Risk), the construction budget, and the proposed fees for pre -construction services and construction management services. Mr. Davis moved to authorize entering into an agreement with James A. Cummings, Inc., subject to review and approval of the Village Attorney. Ms. Holly seconded the motion and the vote was unanimous in favor. 4) ANNOUNCEMENTS • The Clerk read the announcements. 5) PUBLIC COMMENTS No one present wished to offer any comments. 6) COUNCIL COMMENTS Gregg Ullman Mr. Ullman wished everyone a Happy New Year and announced the upcoming Fine Arts Commission sponsored Living Room Concert. Al Davis "Happy New Year". Herta Holly Congratulated the winners of the holiday light contest, Bert Riney, the Mobile Patroller of the Year and wished everyone a Happy New Year. Ed Quinton "Happy New Year". Mayor McCoy Wished everyone a Happy New Year and spoke of the Council's discussion regarding the sign appeal. Mayor McCoy announced information related to the Mayor's Ball. 7) ADJOURNMENT The January 6, 2004 Village Council Meeting was adjourned at 9:38 PM. Barbara A. Estep, CMC Village Clerk • Jim McCoy, Mayor