09-06-1988 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
SEPTEMBER 6, 1988
The regular meeting to the Miami' Shores Village Council
was held on Tuesday, September 6, 1988, at Village Hall
commencing at 7:30 pm with the following members present:
Mayor Spero Canton
Stephen Loffredo
Robert S. Butler, Jr.
Marty Stofik
Also present: Elly F. Johnson
William F. Fann
Reverend John Rice gave the Invocation and Mayor canton
;led the Council In the Pledge of Allegiance.
MINUTES
Ms. Stofik made a motion to accept the following
minutes. The motion was seconded by Mr. Loffredo and passed
unanimously.
a. Regular Council Meeting 8/16/88.
b. Regular Council Meeting 8/2/88
c. Council Budget Workshop 7/18/88
d. Council Budget Workshop 7/20/88
Ms. Stofik made a motion to approve the minutes from the
Council Budget Workshop of 7/21/88. Dr. Butler seconded the
motion and It passed unanimously.
Mayor Canton acknowledged receipt of the following minutes:
f. Downtown Revitalization Board 8/3/88
g. Pension Board Meeting 7/12/88
h. Recreation Advisory Committee 8/8/88
I. Historic Preservation Board Meeting 8/15/88
j. Planning & Zoning Board Meeting 8/11/88
k. Planning & Zoning Board Meeting 8/25/88
Mr. Loffredo Inquired about past Investments and Interest
Income earned by the Pension Board. Dr. Butler stated that
it was lower in the past but that the Board now has better
watch dog procedures.
ITEM *2 PLANNING AND ZONING
a. Mr. Frank LuBien explained the Planning Boards
reason for denying the erecting of a 5 foot fence in this
location. Mr. Steve Johnson stated that a 5 foot fence will
better protect his family. Mr. Johnson stated that a 3 foot
fence was not adequate. He went on to say that 95th street,
the bus stop and a commercial building next door warranted a
5 foot fence. Mr. Johnson also stated that the style of the
fence would fit In with the style of the house and
surrounding area.
Mr. Loffredo asked Mr. Rossi If there was a provision In
the code to allow for this fence In this situation. Mr.
Rossi stated that there wasn't and that a variance was
needed to erect the fence. He stated that the Board was
sympathetic with the Johnsons because of the situation of the
area. Mr. Rossi suggested a 3 foot fence with 2-3 foot wide
hedge behind the fence.
Ms. Stoflk asked Mr. Rossi If the new Landscape
Ordinance would effect this situation. Mr. Rossi stated that
the Ordinance would only effect the sides and the back of the
property. Ms. Stofik then asked Mr. Steve Johnson if the 3
foot fence with the 3 foot wide bushes behind it would be
adequate. Mr. Johnson stated that a person could still lean
over and pick up a child playing In the yard.
Mr. Rossi asked the Council that If they grant this
variance, the Council show specific hardship In this case.
Dr. Butler stated that this situation does not warrant a
variance and that the Johnsons should use creative land-
scaping.
Mayor Canton stated that if the Council grants this
variance It will open a flood gate of residents seeking
similar variances. He went on to say that it would create a
shock wave beyond this immediate decision.
Mr. Loffredo proposed erecting a 5 foot fence 5 feet
back off the property line.
Mr. Loffredo stated that this was a hardship case and
made a motion to grant the variance with the condition that
the fence be erected 5 feet back from the setback. There was
no second for the motion.
Dr. Butler made a motion to sustain the Planning and
Zoning Boards decision. Ms. Stoflk seconded the motion and
the vote was 3 to 1 in favor of the motion. Mayor Canton,
Ms. Stofik and Dr. Butler voting In favor while Mr. Loffredo
opposed.
b. Mr. LuBien stated that he went out to the property
to measure the structure. He described the physical
location and stated that the accessory building encroaches on
the rear set back.
Mr. Fisher was not present at the meeting. Mr. LuBien
stated that he advised Mr. Fisher of the time and location of
the Council meeting.
Dr. Butler asked Mr. LuBien If the building Itself did
not conform with city codes. Mr. LuBien replied that it did
not and Dr. Butler made a motion to sustain the decision of
the Planning and Zoning Board. Ms. Stofik seconded the
motion and it passed unanimously.
ITEM *3 AN ORDINANCE AMENDING SECTION 702 OF MIAMI SHORES
VILLAGE ZONING ORDINANCE NO. 270 TO INCLUDE DESIGNATION AS
"HISTORIC LANDMARK" AS A CONSIDERATION IN DETERMINING AN
APPLICATION FOR VARIANCE; PROVIDING EFFECTIVE DATE.
Mr. Johnson read the ordinance and Ms. Stoflk made a
motion to approve the ordinance. Dr. Butler seconded the
motion and the vote was unanimous If favor.
ITEM*4 AN ORDINANCE AMENDING SECTION 506(C) (1) AND SUB-
PARAGRAPHS (1) THROUGH (8) OF SECTION 516 (C) OF MIAMI SHORES
VILLAGE ZONING ORDINANCE NO. 270; AUTHORIZING COMMERCIAL DISH
ANTENNAE; LIMITING LOCATION AND DIMENSIONS THEREOF; PROVIDING
MEANS OF MEASURE; REQUIRING SCREENING, LANDSCAPING AND
LIMITING COLORS THEREOF; RE -NUMBERING PARAGRAPHS; PROVIDING
FOR EFFECTIVE DATE.
Mr. Johnson read the ordinance. Ms. Stofik asked If a
commercial building next to a residential building could have
have a roof mounted antennae. Mr. Rossi replied yes then
went on to say that a residential dish must be ground
mounted. A commercial unit could be roof mounted because In
most cases there Is no other location to mount the antennae.
Mr. Loffredo made a motion not to approve the ordinance
as currently written. Dr. Butler seconded the motion and the
vote was unanimous In favor.
Mr. Fernandez a member of the Planning and Zoning Board
stated that no restrictions were placed on the number of
antennae on one building because, If the landscaping and
screening conforms to the code, no one would be able to see
the antennas from the street.
*5 A RESOLUTION DESIGNATION THE FIELD HOUSE AT THE MIAMI
SHORES VILLAGE RECREATION CENTER AS THE ED ABDELLA FIELD
HOUSE.
Mr. Johnson read the resolution. Mayor Canton stated
that Mr. Abdella has done so much for this area. He Is known
as "Mr. Miami Shores". Mr. Abdella has endeared himself to
every child at the fleld house the Mayor stated.
Dr. Butler made a motion to approve the resolution. Ms.
Stofik seconded the motion and the vote was unanimous In
favor.
*6 PRESENTATION OF PETITION FORM.
Ms. Brum a Miami Shores resident presented a petition
form dealing with the fence and hedge height code.
Mr. Loffredo made a motion to accept the petition as to
form. Dr. Butler seconded the motion and the vote was
unanimous In favor.
*7 ANNOUNCEMENTS
Mayor Canton read the announcements.
*8 COUNCIL COMMENTS
Dr. Butler stated that everyone needs to get out and
vote. The showing at the poles was very poor.
Mr. Loffredo stated that there will be no more
temporary barricades due to a Dade County request for traffic
studies. Mr. Loffredo stated that this Is a severe setback.
*9 PUBLIC COMMENTS
Ms. San Fallipo a Miami Shores resident discussed the
inadequacies In the garbage fees. She stated that Dade
County charges $240 to a single resident and the charge for a
condominium unit Is the same as a single resident. Ms. San
Fallipo went on to say that a condominium unit near her house
has 95 units and 2 dumpsters. The dumpsters are 2 yards each,
and are picked up: one 2 times a week and the other 6 times.
The building pays $7122.62 per year.
Ms. San Fallipo asked If the garbage charges could be
better distributed in a more equitable way. Dr. Butler
stated that if garbage Is consolidated then the cost of
removal Is greatly reduced, and that Is the reason that the
condominiums have a lower rate.
Mr. Loffredo suggested that next year the Council look
at the total amount of tonnage that Is removed from
condominiums In computing their garbage bilis.
Dr. Butler stated that the Council is aware of the
difference that condominiums pay compared to single
residents. Ms. Stofik stated that the Council Is aware of
how residents feel about how costs are going up.
Mr. David Pena a Miami shores Resident spoke to the
Council seeking Council approval for 2 additional barricades
In neighborhood 17. Mr. Loffredo mentioned that because of
the requirements of the traffic study no additional
barricades age going to be Implemented.
Mr. Loffredo asked Mr. Johnson that the Council members
be Included In any future meetings with Dade County In
regards to the barricade Issue.
Dr. Butler stated that it would be a violation of the
Sunshine Law if 2 members show up at a meeting that Is not
been advertised.
Mr. Johnson stated that an overall traffic study Is
better than apiece meal study, because a partial study will
not show a true picture of the end result.
Ms. Stofik suggested that Mr. Pena come back for the
Council meeting on September 20th when the barricade issue
will be discussed In depth.
*10 ADJOURNMENT
The meeting was adjourned at 9:15 PM.
ATTEST: Elly F. Johnson
By:
'itAici-------
Scott W. Davis
Deputy Village Clerk