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11-21-1989 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 21, 1989 The Regular Councll Meeting of the Miami Shores Village Council was held on Tuesday, November 21, 1989 at Village Hall commencing at 7:35 wlth the following members present: Mayor Courtney Herb Spahn Spero Canton Stephen Loffredo Also present: Ms. Macdonald William Fann Absent: Marty Stofik Dr. Harold A. Davenport from the Miami Shores Community Church gave the Invocation which was followed by the Pledge of Allegiance. ITEM *1 MINUTES Mayor Courtney acknowledged acceptance of the minutes from the following meetings: Country Club Advisory Board 10/25/89 Fine Arts Commission 11/7/89 ITEM *2 REQUEST FOR APPROVAL OF PLANS FOR BARRY UNIVERSITY DORMITORY. Mr. Richard Fernandez was prepared to present the agenda Item. Mr. Fann stated that If the applicant is not present then the Item should not be heard. Mayor Courtney stated that the Council will dlfer this Item. ITEM *3 FINE ARTS COMMISSION. Although neither applicant was present Ms. Macdonald stated that both applicants were notified. Mayor Courtney stated that the Council will difer this Item due to both applicants not being present. ITEM *4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF MIAMI SHORES IN FAVOR OF INSTITUTING CHANGES IN THE METROPOLITAN DADE COUNTY HOME RULE CHARTER PROVIDING FOR BOTH AT LARGE ELECTION OF THE MAYOR AND COMMISSIONERS, AND COMMISSIONERS TO BE ELECTED FROM DISTRICTS, PROVIDING THAT NO DISTRICT SHALL TRAVERSE MUNICIPAL BOUNDARIES. Mayor Courtney read the preamble of the resolution. Mr. Canton stated that the resolution was passed down from the Florida League of Cities. Mayor Courtney stated that this resolution Is an attempt to get representation from each part of the County. Mr. Canton moved to adopt the resolution on First Reading. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *5 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF MIAMI SHORES OPPOSING ANY PROPOSED CHARTER AMENDMENT BY METROPOLITAN DADE COUNTY REQUIRING THAT ALL POLICE DEPARTMENTS OPERATING WITHIN DADE COUNTY SHALL BE MERGED INTO A SINGLE UNIFIED DADE COUNTY PUBLIC SAFETY DEPARTMENT PROVIDING ALL POLICE SERVICES THROUGHOUT THE INCORPORATED AND UNINCORPORATED AREAS OF THE COUNTY. Mayor Courtney read the preamble of the resolution. Mr. Canton explained the background behind the resolution and moved to adopt the resolution. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING RESPONSE OF RESIDENTS AT NW 95TH STREET AT 2ND PLACE AND 2ND CT. Ms. Macdonald explained the agenda Item. She said that she received 2 responses. One stated that the wall would be In harmony and the other was that the wall will Invite graffiti. Mr. Spahn stated that the administration should proceed. Mr. Loffredo arrived at the meeting at this point In the discussion. Mr. Canton moved to have Council go ahead and accept staff recommendations as to constructing a wall. Mr. Spahn seconded the motion. Mr. Loffredo asked that the wall be recessed so a hedge can be planted. The vote was unanimous In favor. ITEM *7 DISCUSSION REGARDING FURTHER PLANNING FOR SEWER CONSTRUCTION DOWNTOWN. Mr. Spahn stated that per the consensus of Council at the workshop on Sewers he moved that the Council turn the sewer protect over to P&Z for analysis with particular attention to possible relaxation of height with retail at street level on NE 2nd Avenue, to address parking and amending the master plan In the process to clear up confused wording on sewers on 2nd Avenue. Mr. Loffredo stated that due to concurrency turning the protect over to P&Z Is Incorrect. He said that there should be two motions. One turning the protect over to Metro Dade and number two, a motion similar to Mr. Spahn's. Mr. Canton stated that he supports Mr Loffredo's motion. He said that it Is not a P&Z Issue rather a County Issue. Mr. Spahn said that Miami Shores should relax zoning and that he would like to have public hearings. Mr. Loffredo stated that the Council does not have to amend the Comprehensive Plan to proceed with the sewer protect. Mr. Fann stated that In his opinion the Comprehensive Plan does need to be amended. Mr. Spahn asked for a ruling from Mr. Fann on how to proceed. Mr. Fann responded saying that the Council can commence the proceedings by resolution and by resolution the Council can terminate them also. He said that the Comprehensive Plan should be amended to accommodate sewers before the contracts are let or the Council Is Irrevocably down the road. Mr. Canton stated that In the past there have been problems with restaurants going In downtown because of a lack of sewers. Mayor Courtney stated that there Is a 5 step process for the County: Evaluation of cost Public Hearings Input from property owners Whether there are voluntary property owners or Involuntary property owners A decision from the County He said that he is In favor of the resolution to ask the County to proceed with the process of Investigating the sewers and holding hearings with the property owners and to ask the P&Z Board to look at the relaxation of height and parking problem. Mr. Canton seconded the motion from Mr. Loffredo. Ms. Macdonald stated that DERM may not accept a verbal resolution from the Council. Mr. Spahn asked Ms. Macdonald If the Council petitions DERM can the Council stop the process later. Ms. Macdonald replied that the process cannot be stopped unless there Is a large outcry at the County Commission meeting to stop the process. Mr. Fann stated that the County will not accept anything unless It Is In writing and he said that he Is not sure If it is reversible. Mr. Spahn stated that the Council should defeat the motion then the project can go to P&Z and get the proper wording for a resolution to be sent to the County. Mr. Loffredo withdrew his motion. Mr. Spahn stated that the P&Z Board should get started on reviewing the sewer protect and he restated his original motion. Mr. Canton stated that the Council members have a difference of opinion on what to send to the P&Z Board. There was no second forthcoming. Mayor Courtney stated that the Council will difer this Issue until the next Council Meeting, at which time Mr. Fann would report whether a referral to DERM would be reversible. ITEM *8 DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENT OF COMMITTEE TO STUDY SCHOOL ISSUE. Mr. Canton explained the background behind the agenda Item. He said that the school Issue Is not a racial Issue. He proposed to establish a committee, made up of principals from feeder schools and parents to look at Issues regarding the school problem. Mr. Craig Sturgen, Principal of Edison High School, spoke about the feeder schools and attracting students to go to Edison. He said he would like to work with the Council and assist them In any way he can regarding this Issue. Mr. Canton stated that alternatives were discussed due to the frustrations on the part of the Council. He said the Council should look at the reasons parents are not sending their children to the public schools and find solutions to the problems. Mr. Loffredo stated that the elementary schools locally are well supported by the parents. Mr. Canton stated that he would like to bring before the Council at the December 5th meeting a list of proposed members of the committee. Mayor Courtney stated he has been to the local public schools and was impressed with what was happening there. He said perception Is very Important and a lot of public relations work needs to be done. ITEM *9 FINAL APPROVAL OF FY 89 ADVANCE FROM GENERAL FUND TO COUNTRY CLUB. Ms. Macdonald stated that the actual figure of the transfer Is $687,369.91. Mr. Spahn moved to approve the figure as the final transfer figure. Mr. Canton seconded the motion. Mr. Loffredo stated that In the past many of the transfers were made without the Council's knowledge. He said that cutbacks should be made before further advances are made In the future. The vote was unanimous in favor. ITEM *10 VILLAGE MANAGER'S REPORT. Ms. Macdonald spoke about the workshop that will occur on December 4th and reviewed the figures on the report. She said that the Club has lost $21,000 In October of this year and traditionally has lost money In August, September and October and makes up the revenue the rest of the year. ITEM *11 Council COMMENTS Mr. Spahn spoke about the sewer Issue and wished everyone a happy Thanksgiving. Mr. Loffredo spoke about the public school Issue. Mayor Courtney read a thank you note from Richard Clifford, the man who tried to open a yogurt shop in the Shores. He also spoke about the sewer Issue. ITEM *12 PUBLIC COMMENTS Mr. Henry Everett spoke about sending the sewer Issue to the P&Z board. Mr. Edgar Bundy spoke about the sewer Issue and transfers at the Country Club. Mr. Ed Harrigan spoke about the P&Z Board. ITEM *13 ANNOUNCEMENTS Mayor Courtney read the announcements. ITEM *14 ADJOURNMENT The meeting was adjourned at 9:28 pm. Attest: Gall Macdonald VI I Ia1Qe Clerk By: Scott W. Davis Deputy Village Clerk