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04-03-2007 Regular MeetingBarbara Estep, MMC 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.MiamiShoresVillaoe.com MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, April 3, 2007 in the Council Chambers of Miami Shores Village Hall. The meeting was called to order at 7:30 PM with the following individuals present: PRESENT: ALSO PRESENT: PRESENTATION Al Davis JC Rodriguez Herta Holly Steve Loffredo Jim McCoy Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney Tom Benton presented the April, 2007 House of the Month Award to Axel Soler of 117 N.W. 97th Street. CONSIDERATIONS 1) MINUTES Barbara A. Estep A) APPROVAL OF THE MARCH 20, 2007 COUNCIL MEETING MINUTES. Mr. McCoy moved approval of the March 20, 2007 Council Meeting Minutes as submitted. Mr. Loffredo seconded the motion and the vote was unanimous in favor of the motion. 2) PLANNING & ZONING DEPARTMENT David Dacquisto • A) DISCUSSION AND POSSIBLE ACTION REGARDING GRANTING SPECIAL CONDITIONAL USE PERMITS FOR AN OPEN AIR CAFE AND FOR THE SALE OF BEER AND WINE FOR THE COTE GOURMET RESTAURANT, LOCATED AT 9999 N.E. 2ND AVENUE. Mr. David Dacquisto, Planning & Zoning Director, summarized the information contained in his report, indicating that the applicant had been given a favorable recommendation from the Planning & Zoning Board relating to the outdoor cafe. Mr. Dacquisto advised that the planned renovations do not add to the number of parking spaces required, and that his Staff Report included a recommendation to approve not only the outdoor cafe, but also the beer and wine Special Conditional Use Permit. Mr. Dacquisto pointed out that there are conditions contained in his Staff Report and that the applicant is aware of the conditions to be met. Ms. Caroline Poussardin, owner of the Cote Restaurant was present and spoke about her plans for the cafe. Following the presentations, Mr. McCoy moved to approve the permits with the conditions as outlined within the Staff Report. Mr. Rodriguez seconded the motion and the vote was unanimous in favor of the motion. B) A RESOLUTION OF THE NIIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING THE VACATING OF CERTAIN PORTIONS OF N.E. 5TH COURT, AND PORTIONS OF N.E. 89TH STREET, IN MIAMI SHORES VILLAGE, RESERVING EASEMENTS FOR EXISTING UTILITIES IN PLACE, PROVIDING FOR ADDITIONAL CONDITIONS AND PROVIDING FOR AN EFFECTIVE DATE. The Village Clerk read the caption of the Resolution into the record. Mr. David Dacquisto outlined the applicant's request, seeking abandonment and vacation of a portion of N.E. 5th Court and portions of N.E. 89th Street. Mr. Dacquisto advised that if N.E. 5th Court were vacated, an approximate 35' right-of-way would go to the adjacent property owner as access. The access would continue for the length of the adjacent property. The applicant's attorney, David Sacks, as well as Ian Wildstein, owner of Tropical Chevrolet, the applicant, were in attendance and presented information related to their request. Mr. Sacks and Mr. Wildstein confirmed that part of the purpose of the requested vacation is to re -design and build additional buildings to house two (Chevrolet and Chrysler) franchises. The question of whether the applicant was offering payment to the Village for the roadway was raised. The assumption was voiced that a process to calculate the purchase value, including obtaining an appraisal would be initiated. Mr. Sacks indicated that his client had agreed to compensate the Village in accordance with such a procedure. Individual Council Members expressed their views on the request, including the desire to ensure that Tropical Chevrolet continues to operate as a family-owned, community -minded business. Attorney Douglas Stratton and Jayme Perez were present representing Pajovi Holdings, the adjacent property owner. Mr. Stratton requested that the Council table or continue the item so that he and his client could have the opportunity to adequately review and respond to the applicant's request. Mr. Stratton reminded the Council that once property is transferred, the Village cannot get it back. Mr. Perez spoke of his objection to the vacation as any vacation of the roadway would limit access to his property. He further stated that he and the other principals of Pajovi Holdings were developing plans to improve their property by constructing a shopping center. Although Council Members observed that the application would not appear to adversely affect his property, Mr. Perez continued to raise the issue of limiting access to his property. Additional discussion ensued regarding the specifics of the two dealer franchises, roadway traffic and usage, and the draft studies provided by traffic engineers, Keith and Schnars, P.A., and the various roadway vacation options to be considered. In addition, there was discussion of the relationship between the site plan approval process and the vacation approval process, i.e. which process should be considered first. Mr. Wildstein pointed out that he could not move forward with a site plan if he did not know what his "site" would be with respect to its size, shape, etc. Council Members, Mr. Dacquisto, Mr. Sacks, Mr. Wildstein, Mr. Stratton and Mr. Perez conferred over a drawing which showed the existing roadway and the possible vacation options. There was discussion about formulating a motion to address the request which would leave open 143' of N.E. 5th Court from 87th Street north so as to in no way restrict access to Pajovi Holding's property. The particulars of the exclusion are referenced as Parcel 4 and the mirror image of Parcel 4 due west on the survey in the application. It was confirmed that this provision would be included in the Resolution in it's fmal form, should the applicant's request be granted. • • • Mayor Davis opened the floor for any public comment on the request to vacate. Ms. Mindy Wolfson of Boca Raton stated that she did not believe the Council was fair in taking action and not tabling the item. As no one else present wished to speak on the issue, Mayor Davis closed the floor. Council Members cited their reasons for wanting to allow the vacation, including safety issues, that the roadway is used as a cut -through in order to avoid the traffic lights at Biscayne Boulevard, and the fact that the adjacent property, owned by Pajovi Holdings, would not lose access to the property due to the exclusion of a portion of N.E. 5th Court from the proposed vacation request. Following these discussions, Mr. McCoy moved to approve the Resolution, as amended through Council comment (including both the compensation agreement and the exclusion to assure access). Mrs. Holly seconded the motion and the vote was unanimous in favor of the motion. 3) DOCTORS CHARTER SCHOOL A) DISCUSSION AND POSSIBLE ACTION REGARDING APPROVING THE AUTHORITY'S BY- LAWS. Ms. Lisette Reid, member of the Doctors Charter School Board Authority was in attendance to present the item. Vice Mayor Rodriguez stated his belief that the item should wait until the new Council is seated and moved to table the item. Mr. Loffredo seconded the motion. The motion failed with a 2 to 3 vote with Mayor Davis, Mr. McCoy and Mrs. Holly voting against the motion. Ms. Reid reviewed the changes that have been made since the original By -Laws were developed and when questioned, advised that although the establishing Ordinance states that the By - Laws should be approved by the Council, the Council had not previously voted on the By -Laws. Ms. Reid confirmed that none of the proposed changes amend or supersede the Ordinance. Village Attorney Richard Sarafan, expressed a concern regarding Section 10.1 relating to the procedure to amend the By -Laws requiring a 2/3 vote of the full Board. Mr. Loffredo expressed his concerns with a number of the provisions contained in the By -Laws and suggested that the School Board Authority review them again in the near future for further amendment and approval. Mr. McCoy asked for a short recess and Mayor Davis called for a five minute recess at 9:26 PM. The Meeting was reconvened at 9:31 PM with all Members present. Mr. McCoy asked for clarification regarding Mr. Sarafan's concern with Section 10.1. Mr. Rodriguez made a motion that was subsequently seconded. A discussion ensued regarding amending the existing first sentence in Section 10.1 to read "The By -Laws may be amended or altered by a maiority vote of the full Board ... In response to the discussion, Mr. Rodriguez amended his motion, moving to accept the By -Laws, as amended, with the condition that the Authority Board will consider the issues raised during the Council discussion and return to the Council in six months time review any additional amendments made. Mr. Loffredo accepted the amended motion. Mayor Davis called for the vote which was 4 to 1 in favor of the motion, with Mr. Loffredo dissenting. 4) POLICE DEPARTMENT Chief Kevin Lystad A) REQUEST APPROPRIATION AND EXPENDITURE OF FORFEITURE FUNDS IN THE AMOUNT OF $40,000 TO FUND THE INSTITUTION OF A THIRD K-9 UNIT FOR THE POLICE DEPARTMENT. Stating that he was in favor of the request, Mr. Loffredo moved to approve the requested appropriation and expenditure of Forfeiture Funds in the amount of $40,000. Mrs. Holly seconded the motion and the vote was unanimous in favor of the motion. 5) ANNOUNCEMENTS 6) PUBLIC COMMENTS • T.F. Chambers community. Mr. Chambers thanked the Council and the School Board for their work on behalf of the 7) COUNCIL COMMENTS All Council Members expressed their appreciation for working together over the last two years. Steve Loffredo Mr. Loffredo wanted to clear up a misunderstanding that took place at the Candidate's Forum. Herta Holly Mrs. Holly spoke of the School Board's By -Laws. JC Rodriguez Mr. Rodriguez stated that it has been a pleasure working with his colleagues. Jim McCoy Mr. McCoy reiterates his fellow Council Members sentiments. Al Davis Mayor Davis thanked everyone for their support and offered his resignation from the Council effective Tuesday, April 17, 2007. 8) ADJOURNMENT The April 3, 2007 Council Meeting was adjourned at 9:50 PM. • Barbara A. Estep, MMC Village Clerk • Al Davis, Mayor