|
MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The Miami Shores Village
Council held their regularly scheduled meeting on Tuesday, November 19,
2002 in the Village Hall Council Chambers.
The meeting was called to order at 7:30 PM with the following members
present:
PRESENT: Mayor Davis
Greg Ullman
Bob Blum
Prospero Herrera
Mark Ulmer
ALSO PRESENT: Tom Benton, Village Manager
Barbara Fugazzi, Village
Clerk
Richard Sarafan, Village
Attorney
PRESENTATION
As representatives from
Cornerstone Development were not present at the time this item was to be
heard, Mr. Ulmer moved to defer their presentation until later in the
evening. Mr. Ulman seconded the
motion and the vote was unanimous in favor.
CONSIDERATIONS
1) PLANNING & ZONING DEPARTMENT Al Berg
A) APPEAL
OF DECISIONS MADE BY THE PLANNING & ZONING BOARD
DENYING 1) A REQUEST TO HANG DRAPES ON THE FRONT PORCH AND
2)
TO PAINT A CEMENT TILE ROOF RED.
Mr. Al Berg, Director of
Planning & Zoning, explained the request to hang drapes. Mr. Berg offered information relating to
the Staff Opinion, as well as the Planning & Zoning Board’s opinion on
the request, which was that the drapes would not be harmonious to the
neighborhood. Mr. Dennis Card,
attorney for the appellant presented his case, indicating that his clients
were “trying to enhance the value of their home”. Attorney Card stated that he wanted a specific reason why his
clients were being denied their request to hang drapes. Council Members clarified the information
which had previously been submitted to the Planning & Zoning Board and
discussed their opinions on the issue of harmony. Mr. Ulmer moved to deny the appeal as the appellant had not
met the burden of showing that the Planning & Zoning Board had been
unreasonable in their ruling. Mr.
Herrera seconded the motion and the vote was unanimous in favor.
Mr. Berg reviewed the
request to paint the cement tile roof red, exhibiting roof tile
samples. Mr. Berg stated that the
Village policy is to not allow painting cement roofs anything other than
the color they were originally painted because any new paint color bleeds through
and becomes unsightly. Attorney
Card explained the appellant’s request, indicating that they had received
permission from Mr. Benton to paint the roof once the current white paint
had been removed. Mr. Benton
clarified the issue of granting permission, stating that all of the white
paint would have to be removed. Mr.
Sarafan confirmed with Attorney Card that the appeal was on the denial of
issuing a building permit. Council
Members offered their opinions on whether or not cement roof tiles should
be painted any color but white, and verified that despite the appellant’s
efforts at cleaning off the white paint, the roof tiles remain white in
color, not the original cement gray.
Mr. Ulmer moved to deny the appeal as there is no record presented
to overturn the Planning & Zoning Board’s decision and that the roof
tile is a non-conforming use per the current Code. Mr. Herrera seconded the motion and the
vote was unanimous in favor.
PRESENTATION
As representatives from
the Cornerstone Development firm were present, Mr. Ulmer moved to take from
the table the scheduled presentation and hear from the group. Mr. Herrera seconded the motion and the
vote was unanimous in favor. Mr.
Joe Geller, Attorney for Cornerstone, introduced Mr. Leon Wolf and Mr.
Henry Paper, principles of the firm.
Mayor Davis indicated that there would not be public comment allowed
and that he would allow a total of 45 minutes for discussion related to the
presentation.
Cornerstone
representatives gave a brief presentation regarding both the company itself
and the proposed development project.
Following their presentation, individual Council Members and the
Cornerstone representatives discussed issues relating to the project’s site
plan and associated details, i.e. traffic patterns, number of units to be
built, parking plans, etc., as well as company policies. At the conclusion of the 45 minute time
limit, Mr. Ullman asked about the pending impact study report due from the
Planning & Zoning Board and then moved to extend the time limit
previously imposed by the Mayor by an additional 30 minutes. Mr. Blum seconded the motion and the
vote was 3 to 2 in favor of the motion, with Mayor Davis and Mr. Ulmer
dissenting. Discussion continued
between the Council Members and Cornerstone representatives, and Cornerstne
restated their invitation to meet with any of the Council Members
individually to review any questions.
At the conclusion of the
allowed time period, Mr. Ullman initiated a conversation regarding future
action to be taken by the Village, i.e. oppose project, support project as
is, or support project with conditions.
Mr. Ullman expressed his opinion that additional time is necessary
to discuss the project, as well as to receive input from the
residents. Mr. Ullman moved to have
the Village Administration attempt to schedule a public hearing on the
issue as soon as possible. Mr. Blum
seconded the motion and the vote was 3 -2 in favor of the motion with Mayor
Davis and Mr. Ulmer opposed.
Mr. Ulmer spoke to the
issue that the Planning & Zoning Board had not heard from the
Cornerstone group. Mr. Ulmer moved
to have Cornerstone invited to a Planning & Zoning Board Meeting prior
to the impact study report being forwarded to the Council. Mayor Davis seconded the motion. Council Members expressed their views on
Mr. Ulmer’s concerns and following these discussions, Mayor Davis called
for the vote. The results were 1 to
4 with Mr. Ulmer being in favor of the motion and the remainder of the
Council opposing.
Mayor Davis called for a
recess of the Council at 9:50 PM and reconvened the meeting at 10:00 PM.
Calling the Meeting back
to order, Mayor Davis requested that Agenda Item 3B be considered at this
point in the meeting. Hearing no
objections, Item 3B was introduced.
3) B) DISCUSSION
AND POSSIBLE ACTION REGARDING FURTHERING THE
DEVELOPMENT OF A CHARTER HIGH
SCHOOL. Mayor Davis
Mayor Davis spoke about
the recent developments and inroads made in securing both a site and
funding for a charter high school, thanks to the North Dade Medical
Foundation and Barry University.
Mayor Davis advised that he wished Mr. Benton to review the current
proposal and plan for the Council and those residents in attendance. As stated in Mayor Davis’ memorandum to
the Council, Mr. Benton provided background information relating to the
charter school issue and stated that the North Dade Medical Foundation had
come forth and proposed donating $5 million to the Village to build and
operate both the charter middle school as well as a new charter high
school. The schools would be built
on land to be supplied by the University.
Mr. Benton advised those in
attendance that it would be the intention of the Village to set-aside $3
million of the $5 million to cover future operating shortfalls at the two
schools. To offset the $3 million
set-aside, the Village will request a $3 million general obligation bond be
voted upon by the voters of Miami Shores at the April, 2003 election.
Mayor Davis moved to
direct the Village Manager to continue negotiations to further the
development of a charter school, and to periodically report back to the
Council regarding his progress. Mr.
Ulmer seconded the motion. Individual
Council Members commented on the proposal and thanked the Foundation, the
Mayor and Manager for their diligence.
Mayor Davis called for the vote which was unanimous in favor of the
motion.
2) VILLAGE
CLERK Barbara
A. Fugazzi
A)
APPROVAL OF THE NOVEMBER 5, 2002 REGULAR COUNCIL MEETING
MINUTES.
Mr. Blum moved approval
of the November 5, 2002 Regular Council Meeting Minutes. Mr. Herrera seconded the motion and the
vote was unanimous in favor.
B) 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 HISTORIC PRESERVATION BOARD, ITS COMPOSITION,
JURISDICTION, MEETINGS, AND RESPONSIBILITIES, PROVIDING FOR CONFLICTS
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (Second and Final Reading – Public
Hearing Required)
The Clerk read the
caption of the Ordinance and highlighted the proposed amendments approved
by the Historic Preservation Board.
Mr. Ullman moved to table the item.
The motion failed for lack of a second. Mr. Ulmer moved to pass the proposed ordinance on second
reading, as amended per his November 7, 2002 memorandum which he had
provided as back-up. Mr. Herrera
seconded the motion. Mayor Davis
opened the floor for the Public Hearing.
Dan Dower Mr. Dower asked for information
relating to Mr. Ulmer’s proposed amendment with respect to
landscaping.
Mr. Ulmer explained the
additional amendments which he is proposing, including 1) separating the
designations between a structure and a site (property without a structure);
and 2) adding a provision that occupant safety be considered when reviewing
whether or not to approve a certificate of appropriateness. Mr.
Ulmer indicated that he utilized language contained within the Secretary of
the Interior’s Guidelines as they relate to historic preservation. Following Mr. Ulmer’s comments, the
Public Hearing resumed.
Warren Bittner Mr. Bittner, who serves as the Chair of
the Historic Preservation Board, reviewed his concerns regarding the
proposed amendments. Mr. Bittner specifically
addressed his concern regarding the possibility of conflicts arising due to
existing covenants which have been entered into between property owners and
the Village.
Bill Tenney Mr. Tenney, also a member of the
Historic Preservation Board, spoke about Mr. Ulmer’s suggested
amendments.
As no other individuals
wished to speak on the proposed ordinance, Mayor Davis closed the Public Hearing.
Based on Mr. Bittner’s
concerns, Mr. Ulmer reviewed the language contained in the covenants and
indicated that there would not be a problem with differentiating between
the historic designations (structure and site). Individual Council Members expressed their views on the
proposed amendments.
Following these
discussions, Mr. Ulmer moved to amend his original motion and add proposed
deleted language back into the draft ordinance. The specific language to be added back is contained in Section
11-6.. . . designated historic district may be demolished, moved or altered
in its exterior appearance by addition, reconstruction, alteration or
maintenance or by removal of or destruction of trees located on the site
until an application for a certificate of appropriateness has been
submitted . . . Mr. Herrera
accepted the amended motion and seconded the new motion.
Mr. Ullman again
expressed his concern and moved to send the proposed amendments back to the
Historic Preservation Board. The
motion failed for lack of a second.
Mayor Davis called for
the vote on Mr. Ulmer’s amended motion which resulted in a 4 to 1 vote in
favor of the motion, with Mr. Ullman opposed.
3) VILLAGE COUNCIL
A)
DISCUSSION REGARDING
ESTABLISHING AN ARCHITECTURAL REVIEW BOARD. Bob
Blum
Due to the lateness of
the hour, Mr. Blum asked that his item be deferred until the next regularly
scheduled Council Meeting.
4) ANNOUCEMENTS
The Clerk read the
announcements.
5) PUBLIC COMMENTS
Dan Dower Mr. Dower spoke about the historic
preservation ordinance.
6) COUNCIL COMMENTS
Bob Blum No
comment offered.
Mark Ulmer Goodnight
Prospero Herrera Mr. Herrera offered his
congratulations to Brad York on his winning the National Night Out Against
Crime contest and spoke about the International Book Fair at the Miami-Dade
County Community College.
Greg Ullman No comment offered.
Mayor Davis Thanked the audience for
staying up with the Council and wished everyone a Happy Thanksgiving.
7) ADJOURNMENT
The November 19, 2002 Council
Meeting was adjourned at 11:20 PM.
______________________
Al
Davis, Mayor
_________________________
Barbara A. Fugazzi, CMC
Village Clerk
|
