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09-01-2009 Regular Meeting• Barbara 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@MiamiShoresVillage.com • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, September 1, 2009, in the Council Chambers of Village Hall. The Meeting was called to order at 7:30 PM with the following individuals in attendance: PRESENT: ALSO PRESENT: CONSIDERATIONS Al Davis Donald Shockey Prospero Herrera Herta Holly Steve Loffredo Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE JULY 21, 2009 COUNCIL MEETING MINUTES. Ms. Holly moved approval of the July 21, 2009 Council Meeting Minutes as submitted. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. B) DISCUSSION AND POSSIBLE ACTION REGARDING GRANTING SPECIAL CONDITIONAL USE PERMITS TO ALLOW FOR BEER & WINE SALES AND OUTDOOR DINING AT THE VILLAGE BISTRO CAFE. Ms. Estep introduced the item, stating that the Village Attorney, Richard Sarafan, had indicated that the Outdoor Dining Special Conditional Use issue should be reviewed by the Planning & Zoning Board prior to action by the Council, but the Council could consider the issue of the Special Condition Use permit for the sale of beer and wine for the restaurant. Individual Council Members asked for clarification on why the Outdoor Dining issue would need to go before the Planning & Zoning Board, to which Mr. Sarafan responded that as a new owner has purchased the restaurant, a review of the plans should take place. Discussion ensued regarding whether or not the item should need additional review by the Planning & Zoning Board. In response to the concerns raised by certain Council Members relating to sending the item to P & Z Board, Mr. Sarafan suggested that the Council could approve the exact same application that was previously approved for the location, and if the new applicant wanted something different or beyond the previously approved application, he would need to go to the Planning & Zoning Board. Mayor Davis suggested that the Council consider the Beer and Wine Special Conditional Use Permit separately and then continue discussing the Outdoor Cafe permit. Subsequently, Mrs. Holly moved to approve a Special Conditional Use Permit to sell beer and wine at the Village Bistro Cafe. Mr. Shockey seconded the motion and the vote was unanimous in favor of the motion. Following a brief discussion reiterating the options available relating to the outdoor dining permit, Mr. Loffredo moved to provisionally approve the application for outdoor dining for the current applicant within the same framework of the prior operation with the understanding that he can go to the P & Z Board if expanded use is requested. Mrs. Holly expressed concern regarding the word provisionally within the stated motion. After some discussion regarding Mr. Loffredo's intent and use of "provisionally", he accepted Mrs. Holly's suggestion that the word provisionally not be included in the motion. Mr. Herrera seconded the amended motion and the vote was unanimous in favor of the motion. 2) VILLAGE MANAGER Tom Benton A) DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED CHANGE IN THE MEMBERSHIP CATEGORIES OFFERED BY THE MIAMI SHORES COUNTRY CLUB. Mr. Benton provided basic information relating to the Country Club's request to provide non-members use of the Club's facilities. Mr. Benton introduced Alberto Pozzi, the General Manager of the Country Club, who responded to Council's questions regarding the change in. membership categories. Mr. Pozzi indicated that the Club will still offer Social Memberships which would entitle the member to discounted food and beverage, golf fees and the use of the tennis courts. Mr. Pozzi further stated that the Social Membership fee is being reviewed and will be offered at a lower price. At the conclusion of the discussions, Mrs. Holly moved to approve the proposal submitted by the Country Club management. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. 3) ANNOUNCEMENTS Mrs. Estep read the announcements. 4) PUBLIC COMMENTS Eddie Lewis Mr. Lewis spoke of the upcoming installation of officers for the Optimist Club. 5) COUNCIL COMMENTS Mayor Davis apologized to Mr. Loffredo for not allowing him to continue speaking during the Council Comment portion of the July 21, 2009 Council Meeting. Steve Loffredo Herta Holly • Mr. Loffredo encouraged people to attend the upcoming Budget Hearing. Mrs. Holly wished everyone a happy and safe long holiday weekend. • • • Prospero Herrera Mr. Herrera hopes everyone enjoys their weekend and stated that it was good to be back from summer recess. Donald Shockey Mr. Shockey spoke of the sidewalk cafe issue and would like to have the Council consider amending the ordinance to allow greater staff level approvals. 6) ADJOURNMENT The September 1, 2009, Council Meeting was adjourned at 8:07 PM. Barbara A. Estep, MMC Village Clerk Al Davis, Mayor