Loading...
09-20-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING SEPTEMBER 20, 1988 The regular meeting of the Miami shores Village Council was held on Tuesday, September 20, 1988, at C. Lawton McCall Community Center commencing at 7:33 PM with the following members present: Mayor Spero Canton Stephen Loffredo Robert S. Butler, Jr. Karen Kirby Marty Stofik Also present: Elly F. Johnson William F. Fann The invocation was given by Rev. John M. Oliver, of the Miami Shores Christian Church and Mayor Canton led the pledge of allegiance. MINUTES a. Regular Council Meeting 9/6/88. Ms. Stofik made a motion to approve the minutes as submitted. Dr. Butler seconded the motion and It passed unanimously. Receipt Acknowledged: b. Downtown Revitalization Board 8/24/88 c. Code Enforcement Board 9/1/88 d. Planning and zoning Board 9/8/88 ORDINANCE REGULATING DISH ANTENNAE Mr. Rossi clarified what happened with the ordinance at the last Council meeting. He stated that he had seen the ordinance for the first time at that meeting, and was not prepared to discuss it properly. Mr. Rossi stated that he had expected the ordinance to go to the Planning and Zoning board for review before it went to the Council meeting. He went on to say that the Planning and Zoning board had discussed the ordinance in depth since then and had more information for the council. Mr. Rossi stated that If the Council does not allow dish antennae the FCC will not allow the ordinance to continue. He stated that If the Council regulates dish antennae in a conscientious way the ordinance should survive the FCC. Mr. Rossi also stated that if screening Is too restrictive the FCC will preempt the Village's ordinance and the FCC has the authority to do it. Mr. Rossi stated that If the Council restricts the number of antennae to one per building the Village will experience difficulty with the FCC. Mr. Loffredo stated that the Shoreview Building could have 40-50 antennas on the roof. He went on to say that cable could be used to go to each occupant and that there was no need to have 30 antennas on the building when one would be enough. Mr. Rossi stated that one antennae per building should be omitted from the ordinance per FCC rules. Mayor Canton stated that a compromise could be x amount of antennae per square feet. Mr. Rossi stated that if only one antennae per building were allowed each occupant would not have any privacy. Dr. Butler asked If it could be first come first served with a structural limit to the number of antennas. Mr. Rossi replied that after the capacity of the building Is reached that would be all that could be erected. Ms. Kirby asked Mr. Rossi why an ordinance was being created. Mr. Rossi replied that people have been turned down because the Village doesn't have an ordinance as a guide line. Mr. Fann stated that the ordinance Is reasonable and that the Village can't arbitrarily restrict dish antennas. Mr. Loffredo stated his main concern Is with a proliferation of dish antennas messing up the community. Mr. Rossi replied that the antennas won't be seen because of the screening and that the Village can't circumvent the FCC regulations. Mr. Tom Laubenthal of the Planning and Zoning board stated that a set back regulation would limit the number of antennas. Ms. Stofik stated she would like to see a provision that no part of the antenna will hang over the building, what the type of material can be used for the screening and roof mounting be allowed only if no ground mounting Is available. Ms. Stofik asked Mr. Rossi If a school or a church Is a commercial building. Mr. Rossi replied no. He went on to say that the screening would have to be harmonious with the structure. Ms. Kirby made a motion to send back the ordinance to Planning and Zoning with the Councils suggestions. Mr. Loffredo seconded the motion. Mayor Canton asked about the height of the antennas and If the FCC regulates it. Mr. Rossi replied that no but that height Is regulated by Miami Shores ordinance. No Vote was taken on the motion. AN ORDINANCE AMENDING SECTION 702 OF MIAMI SHORES VILLAGE ZONING ORDINANCE NO. 270 TO INCLUDE DESIGNATION AS "HISTORIC LANDMARK" AS A CONSIDERATION IN DETERMINING AS APPLICATION FOR VARIANCE; PROVIDING FOR EFFECTIVE DATE. Mr. Johnson read the ordinance. Mr. Loffredo made a motion to accept the ordinance. Ms. Kirby seconded the motion and the vote was unanimous In favor. STATUS OF DEMOLITION ORDER FOR HOUSE LOCATED AT 469 NE 91ST STREET, MIAMI SHORES, OWNER FRANCES KING Mr. LuBien of Planning and Zoning stated that all paper work Is completed to attend the December 13th meeting of the Metro Dade Unsafe Structures Board to seek permission to demolish the building. Ms. Stofik asked if there Is anything else the Council can do to secure the property until the problem Is corrected. She went on to ask how long after the meeting can the demolition begin. Mr. LuBien stated 15 days, the early part of January. Mr. LuBien stated that maybe the Village could get the Mortgage company that now owns the house to board it up and send a clean up crew to clean up the exterior, or the Village could board it up If the mortgage company wants. Mr. Loffredo asked If the DEA was Involved. Mr. LuBien replied no. Ms. Stofik stated that the DEA seized the house next door and that the DEA cleaned It up. Mr. Loffredo stated that If Mr. LuBien needs members of the Council to attend the meeting for the demolition of the building, they will attend. Mayor Canton stated the Council can send Village crews to cut the grass and clean up the area around the building then put a lien on the property for the cost of the service. Mr. Louis Emborsha a Miami Shores resident stated that It has been vacant for 2 years and the police have been there 25 times to get vagrants out. He stated that the Village shouldn't watt for the mortgage company and should clean it up right away. Mr. Loffredo stated that it was the County that has limited the Village from demolishing the building, and that it Is not the fault of the Council or Mr. LuBien. Mayor Canton stated that bureaucratic red tape Is alive and well In this situation, but the Council is close to getting a solution. Ms. Stofik stated that If the Council had It's way the building would have been demolished In July. Mr. Bill Peoples a Miami Shores Resident asked If the Village Is levying fines on the owners. He suggested $500 per day. Dr. Butler suggested Mr. LuBien pursue the matter with the mortgage company first. He stated that the Village has to give them a chance to resolve the problem because they have only possessed the property 1 week. APPOINTMENT TO MIAMI SHORES VILLAGE BOARDS, COMMITTEES AND COMMISSIONS. Mayor Canton position. a. Advisory Board on Handicapped No applicants submitted. Ms. Kirby lack of activity on that board and it thanked everybody who applied for a Services stated that there Is a should be eliminated. b. Beautification Advisory Board Two vacancies exist with 2 people applying for positions: Donna C. Hurtak and M.Antolnette Vigneron. Mr. Loffredo moved to appoint both of the applicants. Dr. Butler seconded the motion and the vote was unanimous In favor. c. Code Enforcement Board Two vacancies exist with 4 people applying for positions: Royal D. LaBarre, Steven J. Johnson, Bill Schroeder and J Leslie Wiesen. Dr. LaBarre stated that he has been In the Shores since 1980 and that he enjoys the Shores. He went on to say that he would do his best If appointed to the Board. Mr. Steven Johnson stated that he would like to help serve the Village by being on the Board. The first vote was taken. Mayor Canton: LaBarre, Johnson Ms. Stofik: Schroeder, Johnson Dr. Butler: LaBarre, Johnson Mr. Loffredo: Schroeder, LaBarre Ms. Kirby: LaBarre, Schroeder The second vote was taken. Mayor Canton: Johnson Ms. Stofik: Schroeder Dr. Butler: Johnson Mr. Loffredo: Schroeder Ms. Kirby: Schroeder Mr. LaBarre and Mr. Schroeder were appointed to the Board. c. Country Club Advisory Board Four vacancies exist and 7 people applying for positions. Mr. Harms stated that he was at the Club 6 days a week and is qualified to handle the position Ms. Kirby stated that Ms. Daley couldn't be at the meeting but that she wishes to remain on the board and has worked very hard. Ms. Lehman stated that the board is the club and that the board is working on Ms. Colangalo Stated that she spends Club. She stated that she has spent time Club and that she enjoyed It. The vote was t Mayor Canton: Ms. Dr. Mr. Ms. Stofik: Butler: Loffredo: Kirby: doing good things at membership Ideas. alot of time at the on new Ideas for the aken. Daley, Harms, Colangelo and Lehman Colangelo, Davis, Lehman and Daley Colangelo, Daley, Lehman and Harms Daley, Griffith, Lehman and Haarms Daley, Harms, Lehman and Griffith Ms. Daley, Mr. Harms, Ms. Lehman and Ms. Colangelo were appointed to the Country Club Advisory Board. d. Fine Arts Commission Three positions are available with 2 people seeking appointment. Mayor Canton asked Ms. Commissiong If she wished to be considered. Mr. Loffredo made a motion to approve Ms. Aboy and Ms. Fisher. The Motion was seconded by Ms. Kirby. Ms. Kirby offered an amendment to appoint Ms. Commissiong for one year. Ms. Stofik suggested readvertising the Fine Arts Commission. The vote was taken and the motion passed unanimously. e. Historic Preservation Board Two positions are available with 3 people seeking appointment. Ms. Newton stated that she has served on the Board for a couple of terms and has done alot. Ms. Stoflk stated that Mr. Gaggstetter Is out of town The vote was taken: Mayor Canton: Gaggstatter and Newton Ms. Stofik: Newton and Gaggstatter Dr. Butler: Johnson and Newton Mr. Loffredo: Newton and Johnson Ms. Kirby: Newton and Gaggstatter Ms. Newton and Mr. Gaggstatter were appointed to the Historic Preservation Board. f. Pension Board Deferred until the next Council meeting (October 4, 1988) g. Planning and Zoning Board Two positions are available with six people applying. Mr. Laubenthal stated that he has had the privilege of serving several terms. He went on to say that consistency is Important In upholding Miami Shores ordinances and that he is very familiar with the ordinances. Mr. Rossi stated that he has been the Chairman of the Board and that it takes several years to Interpret the ordinances. The vote was taken: Mayor Canton: Ms. Stofik: Dr. Butler: Mr. Loffredo: Ms. Kirby: Laubenthal and Rossi Laubenthal and Rossi Laubenthal and Rossi Johnson and Rossi Rossi and Laubenthal Mr. Rossi and Mr. Laubenthal were appointed to the Planning and Zoning Board. h. Recreation Advisory Committee Four positions are available with 9 people seeking appointment. Mr. Austin stated that he has been a 15 year resident and that he has a recreation and education background. He stated that he Is the assistant athletic director of North Miami High School. Mr. Gerrits stated that he has participated In Miami Shores activities for the past 12 years and has been a monitor of the basketball courts. Mr. Hull stated that he has been a resident for 9 years and that his children are very active In recreation. He went on to say that he Is the treasure of the swim team parents. Mr. Wittaker stated that he has been living In the Shores 11 years. He knows what the committee needs. The vote was taken: Mayor Canton: Ms. Stofik: Dr. Butler: Mr. Loffredo: Austin, Dugoni, Hull and Wittaker Hull, Rengstl, Stead and Austin Dugoni, Rengstl, Hull and LaCapra Stead, Rengstl, Austin and Wittaker Ms. Kirby: Austin, Rengstl, Wittaker and Hull Mr. Austin, Mr. Hull, Ms. Rengsti and Mr. Wittaker were appointed to the Recreation Advisory Committee. Mayor Canton thanked everyone who applied for an appointment and stated how Important the boards are to the Village. Mayor Canton called a recess at 8:45 The meeting was reconvened at 8:58 BARRICADES Mr. Johnson stated that Metro Dade requires a traffic study with a rough estimated cost of 40 to 50 thousand dollars. He recommended to precede with the program and put out a proposal with companies to get blds. Ms. stofik asked if it was $40,000 to $50,000 for the whole program or Just the barricaded on the map. Mr. Johnson replied that it was for the 108 barricades on the map. Mr. Loffredo stated that the map does not consist of all the barricades approved by the Council. He said the majority shown on the map have not been approved. Mayor Canton read the five basic requirements of the necessary traffic study: 1. Traffic counts - machine 24 hrs/7 days 2. Turning movement counts at effected intersections - peak hours 3. Traffic assignments of diverted trips 4. Intersection analysis - current driver's trips diverted 5. Determine what, if any, Improvement are needed as a result of the property closures Mayor Canton stated that the Department of Human Resources In Tallahassee will have an additional 1.6 million dollars available in October. He went on to name other cities that have received money for similar programs to that in Miami Shores. Mr. Loffredo stated that he is not happy moving In the direction that the county suggested. He stated that the county action files In the face of the state granting what the Village has already done. He went on to say that the Council needs to rethink their approach to the county. Miami Shores residents pay for our streets. The county doesn't pay a nickel for Miami Shores streets, he said. Ms. Kirby stated that Miami Springs has closed off streets without alot of fan fare. Mayor Canton stated that the traffic study will be done In areas that will receive more traffic to show how much traffic will be diverted to the main thorough fares. Mr. Loffredo suggested traffic studies at Biscayne and 96th and 6th and 96th. He sald these intersections will be Impacted the most. Ms. Burton from the Mayors Task Force stated that the map Is not the Task Force Plan. She stated that the map came from petitions from the neighborhoods and that a traffic study Is necessary. Ms. Burton stated that the Task Force urges the Council to approve the plan so the Village can get on with the program. She also suggested that Mr. Johnson check with the County to see what the study will cost. She stated that Ft. Lauderdale has received a $250,000 grant. Ms. Burton stated that the residents have begun raising funds In the Village. Ms. Kirby asked for direction from Mr. Johnson. Mr. Johnson replied that the requirements that the Mayor read are standard requirements for a traffic study. He went on to say that the closing date for State money is October 26th and the Council should prepare the specs for the program so he can get with the county to see what they require and to see what the costs will be. Mr. Johnson stated that the Council needs to do the whole plan at once. Mayor Canton stated that eventhough the county says the Village can put a barricade In a certain location the Council can revisit It at a later time to finalize the program. Mr. Loffredo asked Mr. Johnson If we need a traffic counter at all 110 locations. Mr. Johnson replied no but that the whole study must be done at once and then the information Is put Into a computer and plotted out. Ms. Kirby made a motion authorizing the Village Manager to put a plan together to start a traffic study. There was no second. Dr. Butler stated that the Council needs specs to get blds and the first step Is to come up with an acceptable plan to bid out. Ms. Stofik stated that $40,000 to $50,000 to study the entire Village and It will take 3-5 years to Implement the entire plan. She stated that she doesn't want to study an area far from where the barricades will be implemented. Ms. Stofik went on to say that she Is reluctant to spend $50,000 on a plan that may turn out not to be what the Council wants. She said that the Mayors Task Force has saved the Village maybe $100,000 for work they have done. Ms. Stofik suggested the study should be In the area that the temporary barricades are erected, because the county could come back and say an area needs to be re -studied 4 years later. Mayor Canton stated that he has said many times that Miami Shores needs a master plan. Ms. Stofik stated that In no way could a barricade In the Dog Track area effect a barricade In the Country Club area. She suggested the Council take a coherent plan to study the area that the Council wants to Implement barricades In. Ms. Kirby proposed the Councll go ahead and do the traffic study on the barricades that the Council has already approved. She said that the council should get off the ground and get going. Ms. Stofik suggested the Council show the master plan with only 18 barricades. She said there Is no reason the county can force the Council to study other areas. Mr. Johnson stated he will take any plan that the Council approves to the county. Mr. Loffredo suggested coming up with a plan at that time and limiting the plan to only what the Council approves at that time. Dr. Butler stated that the Council couldn't finish the plan that night and suggested a special workshop. Ms. Kirby stated that the Council should take the time to finish the plan that night. Ms. Stofik suggested a multi step approach. She went on to say the Council should approve master the plan as approved on perimiters, and while the first plan is being analyzed the Council should study the rest of the plan. Mayor Canton asked Mr. Johnson If that would help the Council or hinder it. Mr. Johnson replied the If the Council does the study now and then add more barricades later it could change the results of the first study. Ms. Stofik stated that to study the approved areas will cost the Council less than studying the whole Village. There is no reason to delay what the Council has already approved, she said. Ms. Burton stated the study should all be done at once, then It Is up to the Councll to decide which barricades are to be put up. Ms. Kirby made a motion to to adopt a master plan based on barricades already approved on both sides of Biscayne Boulevard and alleys In those areas. Ms. Stofik seconded the motion. Mr. Loffredo stated that there have been complaints from the residents in the K Mart area on the configuration of the barricades. Mayor Canton stated the Council could go to the county and ask for permanent barricades. He went on to say that the Council could do a plece meal plan but If the Council does It all together it will cost a lot less If the council does the whole plan. Ms. Stofik stated that she doesn't agree. She said it will cost the council more to study a plan the council doesn't approve. PUBLIC COMMENTS Mr. Frank Nowlan a Shores resident stated that the County needs Information and the Council should do phase 1 now and do the rest later. Mr. JC Brown a Miami Shores resident stated that he doesn't want barricades In his area and that he turned In petitions stating it. Ms. Dee Carter a Miami Shores resident stated that anyone opposed to barricades should get down to the Metro Dade Council. Mr. Joe Dugonl a Miami Shores resident questioned the areas that have been approved. He stated that the newsletter was wrong. Mr. Richard Howard a Miami Shores resident said, through barricades the crime problem In St. Louis has been reduced. He stated that barricades work and create a positive attitude for the people In the area. Ms. Barbara Qulnaz a Miami Shores resident stated that people are very disappointed because they thought everything had been approved. She went on to say that elderly people are mugged repeatedly and that the traffic pattern has to with the get away. She said the Village needs to curb the access of criminals. Mayor Canton stated that any time you try to do something different you are going to run Into problems. He said the council Is dust as frustrated with the Department of Transportation and the county, and the Council should keep focused on the goal. Mr. Jose Moralas a Miami Shores resident stated that It was not fair If they close his alley and street. Admiral Condit a Miami Shores resident asked who is going to pay for barricades In the future. Mr. Loffredo suggested a special taxing district, a bond Issue or a grant. Ms. Dee Springfels a Miami Shores resident stated that because the council haven't gotten petitions from some areas these areas are Ignored. Mr. Tom Blackburn a Miami Shores resident asked what effect will the program have on traffic. He suggested that the Council do an area then test it. He also asked what it will cost. Mr. Bill Peoples a Miami Shores resident stated that he would like to see all 108 barricades put up. The program should be referred to as a beautification or green belt program not a barricade program. He also stated that something Is better than nothing. Ms. Candy Larson a Miami Shores resident stated that the program is loosing momentum, and that the media is giving bad publicity. She suggested that the Council go with 36 barricades to get their foot in the door. Ms. Debbie Stiegler a Miami Shores resident stated that assessments are flat or going down. Barricades have had a good effect on other areas. Mr. Henry Marory a Miami Shores resident stated that the Council should submit a plan to get the ball rolling. Just because the county approves it he said the Village can do what they want. Ms. Mary Ivy a Miami Shores resident stated that If the Council does the perimiters that they should do all of the perimiters. Ms. Shila Foley a Miami Shores resident stated that she was very pleased with the barricades in the K Mart area and that she wants the perimiter barricades. Mr. Steve Fairweather a Miami Shores resident stated that If the Council Is asked If the master plan consists of only 36 barricades and they reply yes that they would be lying and that he Is concerned with the other barricades. Mr. Carl Springfield a Miami Shores resident stated that the Council should do something tonight and not put it off. Mr. Loffredo discussed the perimiter barricades and described where the areas are. Ms. Kirby accepted Mr. Loffredo's amendment to add additional barricades to complete the perimiter of the Village for a total of 57 barricades. Ms. Stofik stated she had objections and that she wants the traffic study done in specific areas not Village wide. She went on to say that she supported a limited access program for 4 years but she cannot give a specific number of barricades she supports. Dr. Butler stated he doesn't want the Council to come In at the last minuet and amend the master plan. He said the Council is spinning It's wheels. Mayor Canton stated that the Council should approve a perimiter plan which would be a starting point that would encompass the whole Village. Mr. Johnson stated that the the map that the Council has Is the same map as before with the addition of 3 barricades. He went on to say the traffic study will look at where the traffic will go when the barricades are up, so the whole plan Is Important. Ms. Kirby withdrew her motion, and made a new motion to include in the traffic study the barricades that the council has already approved and add additional barricades on the east side of Biscayne Boulevard and in the Dog track area to incorporate all perimiters. Mr. Loffredo seconded the motion. Dr. Butler stated that the Council Is going to add to the list of barricades that the neighborhoods didn't want. Ms. Stoflk asked If the alleys are going to be Included in the motion. Ms. Kirby replied yes. Mr. Johnson stated that the Council tells the county where they want the barricades and the county will tell the Council where to do the traffic study. The vote was taken and the motion passed with Ms. Stoflk, Mr. Loffredo Mayor Canton and Ms. Kirby voting in favor while Dr. Butler opposed. At 11:21 Mayor Canton called for a 5 min. recess. The meeting reconvened at 11:25 DISCUSSION ON ALLEYS IN AREAS WHERE BARRICADES EXIST Mr. Johnson stated that the alleys are a problem In the 107th, NW 29, 96th and 98th and 105th to 107th areas. He proposed a chain and lock type of barrier In these areas. Dr. Butler moved to accept Mr. Johnson's proposal. Mr. Loffredo seconded the motion. Ms. Stoflk asked If there were any petitions against this proposal. Mr. Johnson replied no. Ms. Stoflk stated she wanted each resident In the effected areas notified of the alley closures. Ms. Kirby stated that the residents want the alleys closed off. The vote was taken and the motion passed unanimously. Ms. Stoflk made a motion to have a meeting In the next two weeks to prepare a master plan for the entire Village. Mr. Loffredo seconded the motion. Mr. Loffredo stated that he wants to see what the cost of the traffic study will be for the plan sent to the county. The vote was taken and the motion passed unanimously. Lt. Zoovas told the Council what was necessary to get a grant from Tallahassee. He stated that 2 ordinances were necessary a planning ordinance and a district ordinance. He went on to say that a representative must be in line on October 26th ready to go. He mentioned that other cities have everything ready to go to Tallahassee now and that there Is no way Miami Shores could be ready In time to take advantage of this money. Dr. Butler stated that our choices are a special tax district or a bond Issue and each require a referendum and there Is not enough time before October 26th. Mayor Canton stated that no referendum Is needed. Mr. Johnson and Mr. Fann stated that a vote Is necessary for a special taxing district. Dr. Butler stated that the Council would like to see It on the ballot If It comes to a major funding Issue. Ms. Stoflk asked If the Council could get something on the Ballot. Mr. Loffredo stated probably not. DISCUSSION OF ALLOCATION OF FUNDS TO PURCHASE MIAMI SHORES THEATER LEASE Mr. Loffredo stated that the START program generated $70,000 and they still need an additional $70,000 plus $10,000 to $15,000 to operate the theater until other money Is generated. Ms. Stoflk asked why the Council can't loan the money to START. Mr. Fann replied that it was not In the public Interest for the Council to loan money. Dr. Butler stated that because there was no one at the meeting from START that the Council should not discuss it at that time. RESOLUTION OF APPRECIATION FOR THE SERVICES RENDERED TO MIAMI SHORES VILLAGE BY CHIEF JOHN A. FLETCHER Mr. Johnson read the resolution and Mr. Loffredo made a motion to approve the resolution. Dr. Butler seconded the motion and It passed unanimously. Mr. Loffredo asked to be excused from the meeting on September 22. ACCOUNTING FOR THE MIAMI SHORES COUNTRY CLUB FOUNDATION. Mr. Johnson requested that time be extended for the foundation. Dr. Butler so moved, Mr. Loffredo seconded the motion and It passed unanimously. ADJOURNMENT AT 12:07 ATTEST: Elly F. Johnson BY: Scott W. Davis Deputy Village Clerk