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10-03-1989 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING OCTOBER 3, 1989 The regular meeting of the Miami Shores Village Council was held on Tuesday, October 3, 1989 at Village Hall commencing at 7:35 p.m. with the following members present: Mayor Courtney Herb Spahn Spero Canton Stephen Loffredo Marty Stofik Also Present: Gall Macdonald William F. Fann The Invocation was delivered by Dr. Gene Ray from the Miami Shores Baptist Church followed by the Pledge of Allegiance. Mayor Courtney presented an Award of Appreciation to Mr. Ed Abdella for dedicated service on the Recreation Advisory Committee. Mayor Courtney presented a Proclamation to Barry University, proclaiming October 4, 1989 as "The Opening of Barry University's Golden Jubilee Year". Mayor Courtney presented a proclamation to Miami Shores Elementary School Principal, Mrs Della Zaher, proclaiming last September 21st as "Della Zaher Day" In Miami Shores. Mayor Courtney presented to former Mayor and Council members, payment of one dollar for service to Miami Shores during 1988-89. ITEM *1 MINUTES Ms. Stofik moved approval of the minutes from the Special Council Meeting of 9/12/89. Mr. Canton seconded the motion and the vote was unanimous In favor. Mr. Loffredo moved approval of the minutes from the Council Workshop on Insurance of 9/18/89. Mr. Canton seconded the motion and the vote was unanimous In favor. Mr. Canton moved approval of the minutes from the Regular Council Meeting of 9/19/89. Ms. Stofik seconded the motion and the vote was unanimous In favor. Ms. Stofik moved approval of the minutes from the Special Council Meeting of 9/20/ 89. Mr. Loffredo seconded the motion and the vote was unanimous In favor. Mayor Courtney acknowledged receipt of the following minutes: Mayor's Task Force on Country Club 8/17, 8/24 and 9/7 Downtown Revitalization Board 9/6/89 Mayor's Ad-hoc Task Force on Sewers 9/14/89 Advisory Board on Handicapped Services 9/26/89 Planning and Zoning Board 9/14/89 ITEM *2 REQUEST FOR APPROVAL FOR FREE STANDING SIGN. Mr. LuBlen explained the background behind the request, and explained In detail the location of the proposed sign. Mr. Canton stated that there will be three signs in one block. Mr. LuBien replied that the Planning Board found the situation acceptable. Mr. Fernandez from the P&Z Board stated that the density of the signs is no problem. Mr. Spahn moved approval of the free standing sign. Mr. Canton seconded the motion and the vote was unanimous In favor. ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING FP&L STREET L IGHT TESTING. Ms. Macdonald explained the background behind the Item and recommended asking FP&L to remove the new street lights from that area. Mr. Bob Holstein from FP&L reviewed the h istory of the test program. He stated customers In the test area have enjoyed the addition to their streets. Mr. Holstein said FP&L can Install lights over a number of years and the program can be guided by the budget. He said the protect will help the citizens of Miami Shores. Mr. Spahn asked If the Village can cut back the trees to help light the streets and leave the test lights In. Ms. Macdonald stated that Public Works could do the work required to cut the trees. Mr. Loffredo stated that he would like the Village to pursue the program and proposed maintaining the test area through the fiscal year and expand North to similar streets next year. All comments In this section are by Miami Shores residents. Donald Rodgers stated that he lives In the test area and the new lights are a great enhancement and a deterrent to crime. He recommended proceeding and expanding the program. Nigel Macdonald suggested that the Village wait awhile before they end the program. Alan Rodgers stated that he Is Impressed with the Council because they are doing something to fight crime and he hopes that the program will continue. Dottie Yates stated that crime happens during the day not at n ight. She suggested keeping house lights on at night. She also suggested not going Into heavy expense at this time because of other protects. Mr. Canton stated that compared to the rest of the County Miami Shores Is underllt. He suggested continuing the protect. Mr. Spahn moved to leave 20 test lights In place, that the Council hold off any further action for the rest of this fiscal year and that the Council Instruct Mr. Benton to gradually cut the foliage back for additional lighting and make a Judgement a year from now. Mr. Canton seconded the motion and added an amendment: that the Council Include the project In next years budget and that It be brought up again at budget time for discussion and possible action. Mr. Spahn accepted the amendment. Ms. Stoflk stated that she Is In accord with leaving the lights In the test area but that she has a problem with cutting the trees back any more. Mr. Tom Benton stated that poor past nursery practices have gotten the Village Into the problems that they are now In. He said that trees have been planted right under the lights. Mr. Loffredo asked If it was possible to have the lights lower In areas where the trees Interfere. Mr. Holstein stated that it could be done but it Is not cost effective. Mr. Canton asked If the Ilghts can be moved. Mr. Holstein replied that the lights can be moved but it Is costly. Mr. Spahn withdrew his motion and moved to leave the test area In, that the Council go ahead and keep the 20 poles and take another look next year as to whether to proceed with the protect. Ms. Stofik seconded the motion. The vote was unanimous In favor. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING DESIGN OF BARRICADES, TEST SITE AND IMPLEMENTATION OF PROGRAM. Ms. Macdonald announced that the Village received a letter from Dade County that they have accepted our program without changes. She stated that the consensus of the Council Is curbing small flowering trees and hedging. Mr. Canton stated that Mr. Laubenthal Is looking for additional confirmation before he proceeds. Mr. Loffredo stated that he would not like to see curbing In the barricades unless curbs are already In place. Mayor Courtney stated that It Is clear from the minutes what the Council desires and Mr. Laubenthal has an Idea of what the Council wants. Mr. Canton stated that the program could be phased in In 2-3 years or the Council could put all the barricades In at one time and pay off the program on a yearly basis. He said the Council should look at putting all of the barricades In at once to save money. Mr. Loffredo moved to approve the proposal submitted to the Council by Mr. Laubenthal and his company, to do the design and supervise the implementation of the first permanent barricade for a price of $1,400. Mr. Spahn seconded the motion. Mayor Courtney asked Ms. Macdonald If Mr. Laubenthal Is going to do a prototype before he proceeds. Ms. Macdonald replied yes. The vote was unanimous In favor. Mr. Canton suggested again doing the whole protect at once. Mr. Spahn suggested that the Council wait until the group meeting before proceeding, then get cost estimates. Mr. Loffredo stated that he was concerned with going all at once even If It Is more cost effective. He said that the success of the current program Is because the temporary barricades have been up for a long time and it gives time to study the program. Mr. Canton stated that the temporaries be up In areas for 1 or 2 months. It will give people In those areas time to evaluate the program. Ms. Candy Larson suggested spending the allocated money to put all of the temporary barricades up before putting up any permanent barricades so that the whole program can be evaluated. She said that it Is Impossible to evaluate the traffic patterns unless all of the barricades are In place. Mayor Courtney called for a recess at 8:55 p.m.. The meeting was re -convened at 9:12 p.m.. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING THE REQUEST FOR PLANNING AND ZONING BOARD TO ASSIST THE AD-HOC TASK FORCE -SEWERS IN THE PLANNING PART OF THE FUNCTION. Ms. Macdonald stated that a special election Is not necessary to place sewers In a commercial area. Mr. Spahn proposed to bring In the P&Z board to do a total feasibility study downtown with regards to sewers. Mr. Loffredo suggested that the Council take a look at what The Department of Environment Resource Management (DERM) has to say before they proceed. Mr. Canton stated that expansion of downtown hinges on sewers. Mr. Spahn stated that the P&Z Board would be Included In planning for downtown not for re -zoning. Mr. Loffredo stated that the Council will not accept high rises and parking garages on 2nd Avenue. Ms. Stoflk stated that the concept of sewers was Included In the Comprehensive Plan. She said that the planning phase has been completed. Mr. Canton stated that the Council doesn't even know what the cost of putting sewers In would be. Ms. Stofik stated that there have been people Interested in putting In a restaurant, but they could not proceed because of lack of sewers. Mr. Canton moved to draw up a resolution for approval at next meeting to have DERM come in and take a look at the downtown Miami Shores area and tell the Council about the feasibility of sewers. Ms. Stofik seconded the motion. Mr. Henry Everett spoke about sewers increasing the tax base. He said that will Involve re -zoning. Mr. Richard Fernandez spoke about his with Mr. Zerniack regarding the installation of the Barry Collage. He suggested getting someone local Miami Shores' situation. Ms. Pat Dahne, Chairman Revitalization Board, stated that Miami Shores needs what the costs are. She suggested going to the getting real numbers. Mr. Everett spoke about discussion sewers from to evaluate of Downtown to find out County and the lack of notice of the Ad-hoc committee meetings. Mr. Ed Harrigan stated that business owners should be Involved In the Ad-hoc committee. He spoke about water table levels and hurricane's effect on sewers. Mr. Richard Colangelo spoke about contacting property owners and that he told them that the petition was only for a study. Mayor Courtney stated that he Is In favor of finding out about the cost of putting sewers downtown on 2nd Avenue. Mr. Spahn asked Ms. Macdonald If DERM would conduct a study without a contract to put In sewers. Ms. Macdonald replied that she didn't have an answer at that time. The vote was taken for the motion on the floor. the vote was as follows: Stofik-yes, Canton -yes, Loffredo-yes, Mayor Courtney -yes, Spahn-no. The motion carried. ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING SITUATION WITH PUBLIC SCHOOLS Mr. Canton explained the background behind the Item. He said Miami Shores does not have a High School and the Shores Is bound by the School Board's quotas for each school. Ms. Macdonald explained about the meeting set up by the Governor where the Village can voice their opinion on schools for Miami Shores. Mr. Canton stated that people are moving out of Miami Shores because of the school system. Ms. Stofik stated that the Dade County school system Is not an equal opportunity system. She said that Integration has failed at every vote of the Board. Mr. Canton stated he would like to see the Council possibly take legal action to get the education our citizens are paying for. Mr. Loffredo suggested that the Council speak to Miami Country Day to see If some arrangement can be made with them at a legal level. Ms. Stofik spoke about a program where the school board Is looking for help running the schools. Mr. Canton asked to be put on the agenda for the next meeting with a list of things to do In order to get action. Mr. Fann stated that political pressure would be more prudent than legal action with regards to the school board. ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING ANNEXATION STUDY. Ms. Macdonald reviewed the background behind the agenda Item. She said the study will Include the Davis Harbor, Quayside and West Shores area and that Mr. Swarthout and Mr. Larue both submitted proposals. Both proposals were In the amount of $8,500 Ms. Macdonald said. Mayor Courtney suggested that the Council choose Robert Swarthout to do the study. Mr. Canton moved to ask Robert K. Swarthout to do an annexation study for Miami Shores looking at the proposed locations with a $8,500 cap. He also asked that Ms. Macdonald negotlate with Mr. Swarthout on the additional area to be studied that would border between NE 2nd Avenue and the Biscayne Canal from 107th Street to 115th Street. Mr. Spahn seconded the motion and the vote was unanimous In favor. Mr. Canton moved to use the money brought forward for a planner for this protect. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *8 AN ORDINANCE AMENDING SECTION 904(a) OF MIAMI SHORES VILLAGE ZONING ORDINANCE 270, AS AMENDED; REQUIRING PLANS PREPARED BY REGISTERED ARCHITECT OR A REGISTERED ENGINEER FOR ISSUANCE OF BUILDING PERMIT FOR GARAGE, CARPORT AND OPEN PORCH ENCLOSURES; PROVIDING EFFECTIVE DATE. Ms. Macdonald read the caption of the ordinance. Mr. Spahn moved for adoption. Ms. Stofik seconded the motion and the vote was unanimous In favor. ITEM *9 REQUEST FOR APPROVAL OF AUCTION OF SURPLUS PROPERTY. Mr. Canton moved approval for the request for auction of surplus property by the Village of Miami Shores. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM as 10 AN ORDINANCE AMENDING SECTION 16-19 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; PROHIBITING THE USE OR POSSESSION OF ALCOHOLIC BEVERAGES ON THE RECREATIONAL FACILITIES OF MIAMI SHORES VILLAGE WITHOUT WRITTEN AUTHORIZATION FROM THE VILLAGE MANAGER; LIMITING THE USE OF SAID FACILITIES BY NON-RESIDENTS; PROHIBITING THE USE OF RECREATIONAL FACILITIES PRIOR TO 12:01 P.M. ON SUNDAYS; PROVIDING EFFECTIVE DATE. Ms. Macdonald read the caption of the ordinance. Ms. Stofik moved adoption of the ordinance. Mr. Canton seconded the motion and the vote was unanimous In favor. ITEM *11 ANNOUNCEMENTS Mayor Courtney read the announcements. ITEM *12 COUNCIL COMMENTS Ms. Stofik spoke about Miami Shores Kiwanis Field day and Miami Country Day School. Mr. Canton asked P&Z to look at signs In Miami Shores and come up with a sign ordinance. ITEM *13 PUBLIC COMMENTS Carl Commissiong spoke about barricades and lack of visibility of police. He also spoke about side walks on 111th Terrace. ITEM *14 ADJOURNMENT The meeting was adjourned at 10:48 p.m. Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk my Courtney Mayor