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07-05-2005 Regular Meeting• • • Barbara Estep, CMC VILLAGE CLERK MIAMI SHORES VILLAGE Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 E-mail: EstepB an.MiamiShoresVillage.com MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, July 5, 2005 at the Village Hall. The meeting was called to order at 7:30 PM with the following individuals present: PRESENT: ALSO PRESENT: PRESENTATIONS Al Davis J.C. Rodriguez Herta Holly Steve Loffredo Jim McCoy Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney Mr. Al Berg presented the July, 2005 House of the Month Award to Alex Suarez of 85 N.E. 110th Street. Mr. Bruno Carvalho from the design firm of Kimley-Horn, made a presentation regarding the final streetscape design plan for the N.E. Second Avenue Roadway Improvement Project. CONSIDERATIONS 1) PLANNING & ZONING DEPARTMENT Al Berg A) APPEAL OF A DECISION BY THE PLANNING & ZONING BOARD DENYING APPLICATION FOR A FLAT ROOF ADDITION TO A FLAT ROOF HOME. Mr. Sarafan reviewed the procedure for hearing the appeal and asked the Council members to disclose any site visits or ex parte communications they may have had regarding the property. Individual Council members disclosed that they had driven by the property and in some cases, had spoken to staff regarding the matter. None of the Council members indicated that they had spoken to the property owners. Mr. Sarafan swore in any witnesses expected to testify during the hearing. Attorney W. Tucker Gibbs was present and represented the property owners, Simone Mayer and Maida Perez, • of 301 N.E. 101st Street. Mr. Gibbs handed out copies of the section of the Village Code at issue. Mr. Gibbs stated that his clients had requested approval to build a flat roof addition to their existing flat roof home. Mr. Gibbs offered a chronological timeline of the times the P&Z Board heard the request and the Board's decisions at the conclusion of each hearing. Mr. Gibbs reviewed the criteria of statutory construction. • • Mr. Gibbs spoke of the code provisions and argued the absence of any express language addressing flat roof additions to flat roof structures and no distinction between residential, community facility or commercial properties. Mr. Gibbs pointed out the criteria that speaks to additions being harmonious with the structures in the neighborhood. Mr. Gibbs made the argument that the code is silent with respect to flat roof additions to flat roof structures, and thus a variance should not have been required by the home owners. Following Mr. Gibbs testimony, Architect James Smith spoke regarding the design factors of the proposed addition and submitted a petition signed by neighbors attesting to their approval of the design. Mr. Smith expressed his belief that the addition would be very harmonious to the neighboring homes and as there is no provision in the code, he designed a flat roof addition for the flat roof home. Mr. Al Berg, Planning & Zoning Director, indicated that the Council had a copy of his staff report in their packets and distributed photos of various homes within the Village that have additions in the front of the homes. Mr. Berg argued that Mr. Gibbs has not supplied a record on appeal, stating that some of the material covered was not discussed during the Board meetings. Mr. Berg expressed his belief that it had been the intent of a previous Council to phase out flat roofs within the Village. Individual Council members questioned Mr. Berg regarding the Board's proceedings, the size of the home in relation to the size of the proposed addition, why he recommended against the addition in his staff report, and confirmed that the code does not expressly address flat roof additions to flat roof structures. Mr. Berg testified that the addition would not be harmonious. Ms. Maida Perez, one of the property owners of the subject home, stated that their instructions to the architect had specifically been to develop an addition which would give them the space they wanted, be harmonious with the existing home and that when completed, the addition would look like it had been a part of the house from the beginning. Mr. Gibbs' reiterated that without any express language in the code addressing flat roof additions to flat roof structures, the intent of the Council is not clear and therefore the denial of the application and variance was improper. Subsequent to hearing the testimony offered, Mr. McCoy moved for an adjudication that no variance was necessary for the flat roof addition but that final approval is contingent upon the Planning & Zoning Board's site plan review and approval. Mr. Loffredo seconded the motion and the vote was unanimous in favor of the motion. 2) CONSENT AGENDA Barbara A. Estep A) APPROVAL OF THE JUNE 21, 2005 COUNCIL MEETING MINUTES. B) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 14-33 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, INCREASING OCCUPATIONAL LICENSE TAXES PREVIOUSLY CONTAINED WITHIN THE SCHEDULE OF LICENSE TAXES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE — First Reading C) 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 COMPOSITION OF THE HISTORIC PRESERVATION BOARD, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. - First Reading Mrs. Estep read the items contained in the Consent Agenda. Mr. McCoy moved to adopt the Consent Agenda. Mrs. Holly seconded the motion and the vote was unanimous in favor of the motion. 3) VILLAGE CLERK Barbara A. Estep A) AN ORDINANCE OF MIAMI SHORES VILLAGE FLORIDA AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, ENTITLED "OFFENSES" TO ESTABLISH SECTION 15-12 ENTITLED "SEXUAL VIOLATOR RESIDENCY PROHIBITION," TO PROHIBIT CONVICTED SEXUAL VIOLATORS FROM RESIDING WITHIN 2500 FEET OF SPECIFIED LOCATIONS WITHIN MIAMI SHORES VILLAGE; PROVIDING FOR CONFLICTS PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE — First Reading Mrs. Estep read the caption of the proposed ordinance. Mrs. Holly spoke of her reasons for originally sponsoring the item, stating that she is deeply concerned with the recent attacks on children by sexual predators. Mrs. Holly expressed her opinion that the ordinance will help to keep the Village children safe. Mrs. Holly moved to approve the ordinance on first reading. Mr. McCoy seconded the motion. In response to various questions posed by the Council, Mr. Sarafan clarified the provisions contained within the ordinance. Mayor Davis called for a vote which was unanimous in favor of the motion. 4) VILLAGE MANAGER Tom Benton A) AWARD OF BID FOR SIDEWALK REPAIR/CONCRETE WORK WITHIIN MIAMI SHORES VILLAGE TO M.E.F. CONSTRUCTION AND RELIABLE CONCRETE CORP. AS PROVIDED FOR ON THE ATTACHED SUMMARY BID SHEET. Mr. Benton explained the bid process and the results, indicating that due to the increase in funding for sidewalk repairs, two firms were being recommended to split the work to be done within the Village. Scott Davis, Assistant Public Works Director, answered questions posed by individual Council members relating to the firms being recommended. Following these discussions, Mr. McCoy moved to award the bid for sidewalk repair/concrete work to M.E.F. Construction and Reliable Concrete per the quoted prices. Mrs. Holly seconded the motion and the vote was unanimous in favor. 5) FINANCE DEPARTMENT Mark Malatak A) DISCUSSION AND ADOPTION OF A RESOLUTION APPROVING AND APPROPRIATING FUNDS FOR THE CAPITAL IMPROVEMENT BUDGET. Mayor Davis stated that the Council had received their capital budget books from the staff and asked if the Council had any questions on the document. Hearing none, Mayor Davis asked to a motion. Mr. McCoy moved to approve and appropriate funding for the capital improvement budget. Mr. Loffredo seconded the motion and the vote was unanimous in favor. • 6) ANNOUNCEMENTS Mrs. Estep read the announcements. 7) PUBLIC COMMENTS • No one present wished to make any comments. 8) COUNCIL COMMENTS In addition to the Council Members praising the Village's 4th of July celebrations, Mrs. Holly spoke of the current hurricane season and an article in the Biscayne Times. 9) ADJOURNMENT The July 5, 2005 Council Meeting was adjourned at 9:20 PM. Barbara A. Estep, CMC Village Clerk • • Al Davis, Mayor