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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 of the contract
negotiations. In response to
individual Council Members questions, Mr. Benton 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.
___________________________
Jim
McCoy, Mayor
____________________________
Barbara A. Estep, CMC
Village Clerk
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