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07-05-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JULY 5, 1988 The regular meeting of the Miami Shores Village Council was held on Tuesday, July 5, 1988, at Village Hall commencing at 7:30 p.m. with the following members present: Mayor Spero Canton Stephen Loffredo Robert S. Butler, Jr. Karen Kirby Marty Stofik Also present Elly F. Johnson, Village Manager William F. Fann, Jr., Village Attorney Mayor Canton gave the invocation and led the Council in the Pledge of Allegiance. MINUTES a. Regular Council Meeting 6/21/88. Mrs. Stofik made a motion to approve the minutes with a correction on page 2, paragraph 4, to replace the word hedges with fences. Mr. Loffredo second the motion and It passed unanimously. b. Special Council Meeting 6/27/88. Mrs. Stofik made a motion to approve the minutes as written. Mr. Loffredo second the motion and It passed unanimously. Receipt Acknowledged: c. Historic Preservation Board 6/20/88 d. Fine Arts Commission 6/6/88. Mr. Loffredo expressed concern about the Commission's proposed budget and advised he would address these concerns at the Budget Workshops. PLANNING AND ZONING BOARD ITEMS a. Approval of Division of Land Without Plat, Item *2, Minutes of 6/30/88. Frank LuBien, Building and Zoning Director, Introduced A.R. Toussaint an engineer representing Robert L. Blue, owner of the property. Mr. Toussaint advised that the three 50 ft. residential lots would be divided Into two 75 ft. lots. As the Circuit Court has ordered the Village to approve this use of property In contradiction to zoning areas, Mrs. Stofik made a motion to uphold the recommendation of. the Planning and Zoning Board which was to approve the division of land without plat. Mr. Loffredo second the motion. b. Final Approval of Plans for Shopping Center, Item *4, Minutes of 6/30/88. Boris Moroz, Manager of the Center, presented drawings of the proposed shopping center. Mrs. Kirby requested that as much vegetation as possible be used in the back of the building and that this area be esthetically pleasing to a recently built adjacent office building. Mr. Moroz explained that another landscape plan will be submitted to the Planning and Zoning Board. Dr. Butler requested private security be employed In order to reduce potential for crime. Mr. Loffredo made a motion to uphold the decision of the Planning and Zoning Board which was to approve the plans subject to landscape plans being submitted and approved by the Board. Mrs. Stofik second the motion and it passed unanimously. c. Approval of Plans for Alterations, Item *5, Minutes of 6/30/88. Mr. Moroz explained that the plans are to return the Targe space (9700-9704-9710-165) to 4 stores. Uniform signage, new paint, two exterior doors, and a new bathroom will be added. Mr. Rossi stated signage would need to be presented to the Board and approved on an Individual basis. Mrs. Stofik made a motion to uphold the recommendation of the Planning and Zoning Board which was to approve the site plans for alterations provided that signage will be submitted for approval. Mr. Loffredo second the motion and it passed unanimously. PUBLIC HEARING ON THE COMPREHENSIVE PLAN Mrs. Stofik made a motion to accept the proposed Public Participation Plan as presented by the Comprehensive Planner. Dr. Butler second the motion and it passed unanimously. Steven Pitkin, representative from Robert K. Swarthout, Inc., the Village's Comprehensive Planner, presented an Executive Summary of the Plan. Mr. Pitkin stated the Plan addressed updates to the 1979 Comprehensive Plan. Minor changes were made at the Planning and Zoning Board's Public Hearing. The proposed Plan needs to be sent to the Depart- ment of Community Affairs by August 1 and will be reviewed and returned with comments In the fall to the Village. Another Public Hearing will then be held before final sub- mission December 15. He further explained that the State requires the city to be as specific as possible and provide target dates. Amendments can be made twice a year with no limit to the number of amendments that can be made at each time. Upon inquiry from Mr. Loffredo, he explained that the Village cannot prohibit group homes from the Village. Dr. Butler made to a adopt the Resolution authorizing transmittal of the Miami Shores Village Comprehensive Plan dated June 13 to the Florida State Department of Community Affairs. Mrs. Kirby second the motion. Ed Harrigan, 260 N.E. 99th Street, requested more specificity for funding In the Plan for proposed sewers and barricades. Joan Lutton, 167 N.W. 109th Street, requested clarifi- cation on Institution of barricades In the Pian. Mr. Pitkin explained that the Plan Identifies a problem and through a pilot protect Is trying to find some solution, however, it does not specifically address the solution or the streets. Funding could be achieved through the capital Improvement process. Elspeth Jensen, 2 N.W. 111th Street, inquired if barricades were mandated by the State for all cities. Dr. Butler explained that the city is not commlted to the proposals In the Plan at this point, however, It must submit concepts to the State for early evaluation. When comments are returned from the State then discussion will follow In Public Hearings before final submission. He advised that It Is easier to delete a proposal In the Plan than It Is to add a new one. The motion to adopt the Resolution passed unanimously. The Resolution being entitled: RESOLUTION NO. 834-88 RESOLUTION AUTHORIZING TRANSMITTAL OF MIAMI SHORES VILLAGE COMPREHENSIVE PLAN DATED JUNE 13, 1988, PREPARED BY ROBERT K. SWARTHOUT, INC. TO THE FLORIDA STATE DEPARTMENT OF COMMUNITY AFFAIRS. PRESENTATION BY NEIGHBORHOODS FOR STREET BARRICADES Barbara North Burton, Chairman of the Mayor's Task Force, requested the Council accept the petitions presented for temporary closures even If funds are not available. Some residents are willing to raise funds and the Task Force will report on this to the Council. More petitions will be pre- sented at the next Council meeting. The Task Force does not have a position on the petitions and understands the Council will Implement as it desires. Mrs. Stoflk requested the Council accept the petitions but to defer action until after discussion of agenda Item *5. Mrs. Kirby made a motion to accept the petitions pre- sented at the meeting. Mrs. Stoflk second the motion. She stated approval for closures of specific neighborhoods will be within the context of the entire Village. The motion passed unanimously. Andrew Nunziata, 9205 North Miami Avenue, presented petitions for Area 6 which Includes the area bounded on the east by N.E. 2nd Ave. and west by N. Miami Ave., on the north by N.E. 95th St., and on the south by the north boundary of El Portal between N.E. 90th and 91st Streets. His neighbor- hood approved the temporary closures as presented In the Master Plan Manual. In his area, 8 homes were vacant, 5 homes were not able to be contacted. Of the 99 homes con- tacted, 93 voted yes and 6 voted no. Barricades were re- quested from 91st Street to 94th Street, along N. Miami Ave. and N.E. 2nd Ave.; N.E. 95th St. and N.E. 90th would remain open at 1st Avenue. This would create a cul-de-sac. Dr. Butler stated this plan provided for only one egress and Ingress. Mr. Nunziata responded the residents understood this$ Mr. Loffredo Inquired about duplicate signatures on both petitions for and against barricades. Owen Henderson, 47 N.E. 93rd Street, responded that some residents changed their opinion between signing the petitions. Mrs. Lutton expressed concern about Impact on residents not In this neighborhood. J.C. Brown, 50 N.E. 91st St., recommends blocking North Miami Ave. at 91st, and N.E. 1st Ave. at 91st St., but not to block off N.E. 2nd Ave. Frank Nowlan, 7 N.E. 91st St., recommends not leaving 91st St. at N.E. 2nd Ave. open. Mark Bachman, 166 N.E. 93rd St., supports barricades. Jack Dalyrmple, 107 N.E. 91st St., states there will be Incovenlences for everyone. Donald Larson, 474 N.E. 97th St., represented Area 9 which Is bordered by 95th St. on the north, N.E. 6th Ave. on the east, N.E. 91st on the south, and N.E. 2nd Ave. on the west. Area 9 requested temporary closures be set on the periferies with access on 4th Ave. and 96th St. An addendum Included a barricade at Grand Concourse at N.E. 95th St. On the eastern side, Area 9 recommended closures running down N.E. 6th Ave. and down Park Ave. Of the homes canvassed, 87% of the homes voted for the temporary barricades. Specific locations for barricades were defined on the petition forms. Bill Peoples, 550 N.E. 94th St., was in favor of barri- cades as a crime deterrent. Paul Bryant, 465 N.E. 96th St., questioned what consti- tuted a thoroughfare. Jose Aldrich, 1070 N.E. 96th St., stated Council needed to establish criteria and to have an expert review a compre- hensive barricade plan. Candace Larson, 474 N.E. 95th St., expressed concern about community attitude and lack of unity In supporting a return to what the Village was at one time. Debbie Seigler, 10603 N.E. 10th Place, questioned why her neighborhood which had been approved for temporary barri- cades had not received them. Of the homes polled, 83% of the homes wanted closures. Barricades were requested for 10th Ct., 10th Place, 11th Ct., and 11th Ave. along 107th St. with access at 105th St. Mr. Johnson advised that Council had requested traffic counters before placement of barricades In that area particu- larly on 105th St. He explained that these would be placed at the south end of each of the streets and across 105th St. Ron Guerra, 1050 N.E. 107th St., questioned how the Council would approach changes In proposed barricades after Implementation and how alleys will be addressed. John Stokesberry, 934 N.E. 91st Terr., representing Area 17 requested one barricade at N.E. 91st Terr. and 10th Ave. Of the homes In the area, 88% voted for barricades. The meeting adjourned at 9:45 p.m. for a 15 minute recess and reconvened at 10:00 p.m. DISCUSSION OF BARRICADE IMPLEMENTATION Mrs. Stofik presented a 2 Step Program for street closures which Included a test program and a permanent closure program. The program did not address alleys but this needed to be done. Mrs. Kirby requested posting Do Not Enter- One Way signs for the alleys. Mr. Johnson advised he would Investigate and report back to the Council. Donald Zern, 96th St., questioned the validity of Infor- mation presented by Capt. Paul Urschalitz as there Is much conflicting Information that barricades are not effective with traffic, safety, and crime. He Is not In favor of tax Increases which he feels this will mean. Marilyn Blackburn, 231 N.E. 104th St., questioned why the county does not have a policy on barricades. Joan Lutton urged the Council stop thinking In terms of neighborhoods and to have a overall look at the Village. She stated there would be a negative Impact on downtown revitalization. Barbara Witte, 485 N.E. 92nd St., expressed concern about property values and doubted a planner's research would be as effective as the resident's plan for barricade locations. Peter Kercher, 96th St., stated a referendum should come before barricade Implementation. He Inquired if there were a process to address withdrawing of names from petitions. Fred Rasmussen, 9454 N.E. 4th Ave., stated barricades should be placed on a trial basis. Dee Carter, 1151 N.E. 101st St., did not want barricades on 101st St. and wanted the barricade Issue placed on a referendum. Mary McNamara, N.W. 105th St., feels that barricades will divide the city and will not help. Mr. Aldrich stated the Issue Is the Improvement to quality of life and the expense should be shared by the entire Village. Terrell Chambers, 10642 N.E. 11th Ct., thinks barricades will Improve property values. Upon inquiry from Mr. Loffredo, Mr. Johnson advised there were funds remaining for 15 to 18 temporary barricades. Mr. Loffredo requested the Council look at the southern boundary of Area 6 and 9: N.E. 1st, 3rd, 4th, and 5th Ave., N.W. 1st Ave. and 91st St. He recommended temporaries east of the Blvd. from 97th up to 104th St. Mrs. Kirby wants the Issue to be presented in a refer- endum. She supported perimeter barricades and requested a test area east of Biscayne Blvd. Mr. Loffredo requested the Village Manager place temporaries as a test program In 3 areas: (1) at 91st, 92nd, and 93rd at Park Dr.; 94th and 95th at N.E. 6th Ave.; (2) at the southern boundary at N.W. 1st Ave. and N.E. 1st, 3rd, 4th, and 5th Ave., N.E. 91st St. and North Miami Ave.; and (3) at Biscayne Blvd. at 97th, 98th 99th, 100th, 102th, 103rd, and 104th St. Mr. Loffredo made a motion that 18 temporary street closings be placed with the balance of remaining funds at the streets which he designated to the Village Manager. Mrs. Kirby second the motion and requested 96th St. have a traffic count. Mr. Stokesberry expressed concern that his neighborhood was not considered. Mr. Loffredo amended his motion to delete temporary barricades at N.W. 1st Ave. at 91st St. and add 10th Ave. at N.E. 91st Terr. Mrs. Kirby accepted the amendment to the motion. Mrs. Kirby wants a referendum on the Issue In November. She requested the Village Attorney look at wording for this. She does not agree with a special taxing district and would not support this. Betty Zern, 1065 N.E. 96th St., questioned the Impact on the flow of traffic and requested the Council stick with the criteria to place barricades. Mr. Harrigan asked when the Issue would be In a refer- endum. Jay Stein, 103rd. St., requested the Council reconsider the motion. Mrs. Stofik stated she would not support the motion as she wants to see neighborhood support before barricades are Implemented. The motion passed by a 3/2 vote with Mrs. Stofik and Dr. Butler dissenting. Dr. Butler made a motion to table further discussion on barricade implementation until the next regular meeting. Mrs. Stofik second the motion and it passed unanimously. Mrs. Kirby requested a city van provide transportation to Belie Meade for residents to see their barriers. Dr. Butler made a motion to table Agenda Item *6, REQUEST FOR PROPOSAL FOR LEGAL COUNSEL TO ASSIST THE PLANNING AND ZONING BOARD AND CODE ENFORCEMENT BOARD and Item *7, REQUEST FOR PROPOSAL FOR PROFESSIONAL VILLAGE PLANNER, until the next regular meeting. Mrs. Stofik second the motion and It passed unanimously. DISCUSSION ON PROPOSED ORDINANCE FOR CODE COMPLIANCE Mrs. Stofik requested the Council ask the Planning and Zoning Board to address an ordinance that would set guidelines for the amount of time allowed for residents to correct code violations and to report back to the Council with their recommendations. Mrs. Kirby made such a motion. Mr. Loffredo second the motion and It passed unanimously. STORER CABLE TV ORDINANCE. Second and Final Reading Dr. Butler made a motion to adopt the Ordinance on second reading. Mr. Loffredo second the motion and It passed unanimously. The Ordinance being entitled: ORDINANCE NO. 512-88 AN ORDINANCE AMENDING MIAMI SHORES VILLAGE ORDINANCE NO. 407-78; REDUCING TERM OF CABLE TELEVISION FRANCHISE FROM TEN TO FIVE YEARS; INCREASING FRANCHISE PAYMENTS FROM 3% TO 4% OF ANNUAL GROSS REVENUE; PROVIDING FOR EFFECTIVE DATE. RESOLUTION TO RENEW PERMIT OF STORER CABLE TV SYSTEM Dr. Butler made a motion to approve the Resolution. Mrs. Kirby second the motion and It passed unanimously. The Resolution being entitled: RESOLUTION NO. 833-88 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF MIAMI SHORES, FLORIDA, RENEWING A PERMIT OF THE CONSTRUCTION, ACQUISTION, OPERATION, AND MAINTEN- ANCE OF A CABLE TELEVISION SYSTEM WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF MIAMI SHORES. AWARD OF BID FOR FAIRWAY GRASS FOR THE GOLF COURSE Dr. Butler made a motion to award the bid for fairway grass to Southern Turf Nurseries in the amount of $8,750. Mrs. Stofik second the motion and It passed unanimously. ANNOUNCEMENTS As noted on the agenda. There being no Council or Public Comments, the meeting adjourned at 11:50 p.m. ATTEST: Elly F. Johnson Village Clerk BY: Aria Clayton Deputy Village Ci'erk