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04-04-2006 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: EsteDB a(�.MiamiShoresVillage.com • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting at the Village Hall on Tuesday, April 4, 2006. The Meeting was called to order at 7:30 PM with the following members present: PRESENT: Al Davis JC Rodriguez Herta Holly Stephen Loffredo Jim McCoy ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Manager PRESENTATIONS Presentation of the April, 2006 House of the Month Award to James & Caridad Stobs of 126 N.E. 109th Street. CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE MARCH 21, 2006 COUNCIL MEETING NIINUTES. Mr. McCoy moved to approve the March 21, 2006 Council Meeting Minutes. Mrs. Holly seconded the motion and the vote was unanimous in favor of the motion. 2) DOCTORS CHARTER SCHOOL A) REQUEST FOR PAYMENT OF QUARTERLY DRAW OF FUNDS. This item was withdrawn at the request of the School Board Authority Chairman, William Heffernan. • • 3) VILLAGE ATTORNEY Richard Sarafan A) REQUEST APPROVAL TO EXECUTE CHARTER SCHOOL SUBLEASE AGREEMENT. Mr. Sarafan offered background information and the purpose of the sublease. Mrs. Holly moved to approve execution of the sublease agreement. Mr. Loffredo seconded the motion and the vote was unanimous in favor of the motion. 4) VILLAGE MANAGER Tom Benton A) DISCUSSION REGARDING APPOINTMENT OF INDIVIDUAL TO THE BISCAYNE BOULEVARD COMMUNITY REDEVELOPMENT AGENCY (CRA) Mr. Benton provided information regarding the CRA formation and suggested that for the next Council Meeting, each Council member put forth a resident's name for consideration. Appointments will be made during the next regular meeting. The Council agreed with this format and will provide information to Ms. Estep regarding their choices. 5) VILLAGE COUNCIL A) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, SECTION 2-91 OF MIAMI SHORES VILLAGE CODE, TO PROVIDE FOR A PROCEDURE TO APPEAL TO THE MIAMI SHORES VILLAGE COUNCIL CERTAIN DECISIONS OF THE BOARD OF DIRECTORS OF THE MIAMI SHORES CHARTER SCHOOL AUTHORITY, PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. - First Reading Sponsored by JC Rodriguez Mr. Rodriguez spoke of his belief that the Council should have the ultimate authority in some circumstances relating to the Charter School's operations and that there should be an appeal process in place in order to overrule decisions made by the School Board Authority. Mr. Rodriguez moved to adopt the proposed ordinance on first reading. Mr. Loffredo seconded the motion. Individual Council Members expressed their views on the proposed ordinance, with the majority of the Council indicating that they thought the current governing ordinance is adequate and was deliberately formed so that the Council would not have hands-on authority for the operation of the School. At the conclusion of the discussion, Mayor Davis called for the vote which failed by a 2 to 3 margin. Mr. Rodriguez and Mr. Loffredo voted in favor of the motion and Mayor Davis, Councilwoman Holly and Councilman McCoy voted against the motion. B) DISCUSSION CONCERNING ADOPTION OF AN AMENDMENT TO SECTIONS 404 AND 409 OF THE ZONING APPENDIX CONTAINED IN THE VILLAGE CODE OF ORDINANCES. Sponsored by Stephen Loffredo Mr. Loffredo introduced the item for discussion, indicating that the Village's zoning code includes a loophole with respect to building lot frontage and his concern with future development of residential lots within the Shores. Mr. Loffredo offered an example to demonstrate the particular circumstance to which he refers, i.e. an individual who owns a 150' lot and their home is built on one side of the lot on 75' and they have a tennis court or vacant land as the other 75' lot, would be able to sell the lot and a new house could be built on that 75' lot. However, a property owner that owns a 150' lot and the house is located in the middle of the 150' lot, they would not be able to demolition their home and sell off two 75' lots for development. A discussion ensued regarding various scenarios which may arise and clarification was provided by Mr. Loffredo on his intent. Following the discussion, Mr. Loffredo moved that the matter be sent to the Planning & Zoning Board to see if they can craft an ordinance which will address the issue of tearing down one home centrally situated on a 150' lot and building two homes, one on each 75' of lot frontage. Mrs. Holly seconded the motion and the vote was 4 to 1 with Mayor Davis dissenting. The Clerk requested clarification and it was the consensus of the Council to review the draft ordinance prior to any public hearing being scheduled at the Planning & Zoning Board level. C) DISCUSSION CONCERNING THE IMPACT OF TRAFFIC ON N.E. 10TH AVENUE TO THE CITY OF MIAMI'S APPROVAL OF THE HIGH RISE PROJECT BEING CONSTRUCTED AT THE SITE OF THE FORMER MIKE GORDON'S RESTAURANT. Sponsored by Stephen Loffredo Mr. Loffredo provided background information regarding the possibility of traffic congestion on N.E. 10th Avenue due to the construction of a high rise project being built in the City of Miami. Mr. Loffredo asked that a representative from the Shorecrest neighborhood be allowed to speak on the issue. Ms. Ginger Vella of 920 N.E. 86th Street spoke about neighborhood concerns. Mr. Loffredo indicated that the purpose of placing the item on the agenda was to ensure that the Council was aware of the potential traffic problems. It was the consensus of the Council to have Tom Benton the Richard Sarafan look into the 10th Avenue roadway jurisdictional question. 6) ANNOUNCEMENTS The Clerk read the announcements. 7) PUBLIC COMMENTS Ginger Vella Ms. Vella spoke briefly again about the high-rise project being constructed at N.E. 796 Street. Jim Swanner Mr. Swanner spoke about the FPL project. 8) COUNCIL COMMENTS Steve Loffredo JC Rodriguez Jim McCoy proposal. Mr. Loffredo thanked the community and Council for the tum out at the FPL meeting. Mr. Rodriguez congratulated Kevin Lystad on his promotion to Police Chief. Mr. McCoy also congratulated Chief Lystad and expressed his concern with the FPL Herta Holly Mrs. Holly echoed the sentiments expressed by her colleagues. Richard Sarafan Mr. Sarafan asked that he be allowed to congratulate the Florida Gators on their men's NCAA Basketball Championship title. Al Davis Mayor Davis reiterated comments made by the other Council Members. 9) ADJOURNMENT The April 4, 2006 Council Meeting was adjourned at 8:40 PM. Barbara A. Estep, CMC Village Clerk • Al Davis, Mayor