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03-06-1990 Regular Meeting MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MARCH 6, 1990 The regular meeting of the Miami Shores Village Council was held on Tuesday, March 6, 1990 at Village Hall commencing at 7:30 pm. with the following members present : Mayor Courtney Herb Spahn Spero Canton Stephen Loffredo Marty Stofik Also present : Gail Macdonald William F. Fann Mayor Courtney presented a proclamation to Dr . Bob Butler and Ms. Louise Geiss for Taste of the Shores. ITEM *1 MINUTES Ms. Stofik moved approval of the minutes from the Regular Council Meeting of 2/20/90. Mr . Canton seconded the motion and the vote was unanimous in favor . Mr . Canton asked that a uniform sign code be created. Mayor Courtney acknowledged receipt of the following minutes: Downtown Revitalization Board 2/7/90 Advisory Board on Handicapped Services 2/20/90 Blue Ribbon Task Force on Education 1/11/90 & 2/19/90 Recreation Advisory Committee 2/12/90 ITEM *2 PLANNING AND ZONING Request for approval of house colors. Mr . Fann stated that this Item should not be on the agenda because the ordinance In question provides relief to the petitioner by the Council upon the recommendation of the Planning Board and the Planning Board did not recommend relief . There is nothing for the Council to consider he said . Mr . Fann also stated that a variance is necessary to grant relief and it must be based on hardship . Mr . Loffredo suggested no action be taken and someone Instruct the petitioner on how to apply for a variance. Mr . Spahn asked that a color chart be created . He said the color of the house is a Judgement whether It compiles with the code. Mr . Loffredo stated the colors are outside what the Village will permit . Mr . Canton moved to bring the matter back to P&Z for them to review the case again taking Into consideration Mr . Spahn 's concerns. Mr . Spahn seconded the motion . Ms. Stofik stated that the Council needs to determine what the policy is and what the rules are and the rules need to be stated clearly. Mr . Spahn stated that he Is concerned that there should be color parameters. He said the ordinance is too loose. Mr . Fann stated that P&Z has already ruled on this case. Mayor Courtney suggested removing the Item from the agenda and give the views of each Council person to the Village Manager . Mr . Canton amended his motion that the P&Z Board review the ordinance to come up with more specific parameters. Mr . Spahn stated that the amendment is ok with him. Ms. Macdonald stated that the petitioners have been turned down by the P&Z Board and have no other appeal and must work with Mr . LuBlen to adjust the color of their house. Ms. Stoflk stated that the Council should apologize to the petitioner for the misinformation they were given about their ability to appeal to the Council . Mr . Fernandez, from the P&Z Board, spoke about procedures of approving or not approving colors for houses. He spoke about the difficulty of specifying color schemes. Mr . Darrion Williams, the petitioner , described the previous colors of the house and how It is now painted . He said this is a land of law not of taste. The vote was unanimous in favor of the motion on the floor . Ms. Stoflk suggested two sets of colors, one for historic homes and one for new construction. Mr . Spahn suggested a 30 day moratorium on this case to allow the P&Z Board to review the situation. ITEM *3 AN ORDINANCE AMENDING ORDINANCE NUMBER 270, AS AMENDED; DEFINING AND PERMITTING ADULT CONGREGATE LIVING FACIL- ITIES AND COMMUNITY RESIDENTIAL HOMES; DEFINING DEVELOP- MENT ORDER, DEVELOPMENT PERMIT, DRAINAGE FACILITIES, LEVEL OF SERVICE, PLAT AND SUBDIVISION; DEFINING AND AUTHORIZING PRO PLANNED RESIDENTIAL-OFFICE DISTRICT; ESTABLISHING RATIO OF FLOOR AREA TO LOT AREA IN A-1 AND A-2 DISTRICTS; ESTABLISHING REQUIRED YARD AREA PERVIOUS TO RAINFALL; REQUIRING IMMEDIATE DISPOSAL OF DEFINED HAZARDOUS WASTE; INCREASING MINIMUM STANDARD FOR SIGNS; ADDING 100-YEAR FLOOD ELEVATION IN FEMA MAP TO DETERMINE MINIMUM FIRST FLOOR JOIST LEVEL; RESTRICTING LOCATION OF ENTRANCES AND EXITS AND REQUIRING LANDSCAPING THEREOF REQUIRING PARKING LOT DESIGN TO CONTROL FLOW OF INTERNAL TRAFFIC; ESTABLISHING REQUIREMENT FOR LAND SUBDIVISION; ESTABLISHING MINIMUM REQUIREMENTS FOR ON-SITE DRAINAGE AND NEW SEPTIC TANKS; ESTABLISHING NEW SETBACK REQUIRE- MENTS ON DEFINED ARTERIAL OR COLLECTOR STREETS; PRO- HIBITING FILLING EXISTING LAKES; REQUIRING SPECIAL AP- PROVAL OF NEW DEVELOPMENT ON BISCAYNE BAY; REQUIRING SIDEWALKS FOR NEW CONSTRUCTION; INCREASING FACTORS TO BE CONSIDERED BY COUNCIL IN CASE OF SPECIAL APPROVAL; RE- QUIRING ALL DEVELOPMENT ORDERS BE CONSISTENT WITH COM- PREHENSIVE PLAN; CONDITIONING NEW DEVELOPMENT APPROVAL ON MEETING MINIMUM LEVELS OF SERVICE REQUIRED BY A COM- PREHENSIVE PLAN AND EXEMPTING CERTAIN LANDS THEREFROM; ESTABLISHING DADE COUNTY CONCURRENCY INFORMATION CENTER AND METROPOLITAN DADE COUNTY ADMINISTRATIVE ORDER NUMBER 4-85 AS SOURCES OF FACILITY CAPACITIES; ESTABLISHMENT OF MEASURING CAPACITY OF WATER-LINES AND HIGHWAYS, CAL- CULATING SOLID WASTE GENERATION RATES, DRAINAGE AND RECREATION; ESTABLISHING METHOD FOR DETERMINATION OF CAPACITY AVAILABILITY; ESTABLISHING BURDEN OF SHOWING COMPLIANCE ON APPLICANT; ESTABLISHING RESPONSIBILITY OF MONITORING ON DIRECTOR OF BUILDING AND ZONING; ES- TABLISHING DEADLINE FOR CONCURRENCY DETERMINATION; ES- TABLISHING AN EXEMPTION DATE FOR DEVELOPMENT AGREEMENT; PROVIDING EFFECTIVE DATE . Ms. Macdonald read caption of the ordinance. Mr . Steve Pitkin, of Robert K. Swarthout Inc. stated that this ordinance Is a result of State mandates and reflects Items In the State Statutes that must be addressed specifically. He reviewed the definition of adult congregate living facility and said foster children must be Included in the definition. Mr . Canton spoke about State mandates and asked If the Council has any recourse because It is unfair and could have a negative Impact on Miami Shores. Mr . Pitkin replied that In the 10 municipalities that he is working with the attorneys have all ruled that this is a State mandate. Mr . Loffredo stated that there are other methods where the problems dealt with in this ordinance could be solved without State mandates. He said he is concerned with abrogating the Council 's zoning power . Mr . Loffredo suggested deferring action because the Legislature may change mandates at a later date. Mr . Pitkin stated that there is nothing in the Statutes as to the size of the municipality whether It must comply. Mayor Courtney asked If there Is a time limit to enact the ordinance. Mr . Pitkin replied that It must be approved by the end of March because of State mandates. Ms. Macdonald stated that the Council was supposed to have the code done last August and Mr . Pitkin filed for two extensions. Ms. Stofik asked what would happen If the Council enacts the ordinance without the ACLF and group home sections. Mr . Fann replied that revenue funds may be withheld by the State. Ms. Macdonald stated that the State may apply penalties. Mr . LuBien stated that the State could create a Comprehensive Plan for the Village if ours does not comply with regulations and the State would charge the Village for doing It . Mr . Tom Laubenthal spoke about how Ft . Lauderdale handled the situation using a moratorium on group homes. Mr . Spahn moved to pass the ordinance and have the Village Attorney call the Ft . Lauderdale City Attorney and establish a moratorium along the guidelines that Ft . Lauderdale has used . Mr . Canton seconded the motion and asked that the feelings of the Council be expressed to the State. Mr . Fernandez spoke about group homes in single family residence areas. He said the P&Z Board does not like the situation . Mr . Canton stated that this type of ordinance could be detrimental to property values in Miami Shores. Mr . Loffredo again suggested deferring action until more research can be done. Ms. Macdonald spoke about special legal advertisement requirements for this ordinance. Mayor Courtney stated that it is the consensus of the Council that they are opposed to Sections 202A, 210A and 532. Mr . Canton asked if the Village can place special restrictions on group homes. Mr . Pitkin stated that the State has standards and regulations that the Village can strictly enforce. Mr . Pitkin stated that everything in the ordinance is triggered by the State or Miami Shores Comprehensive Plan . He reviewed the particulars of the ordinance. The vote was unanimous in favor of the motion on the floor . Mayor Courtney called for a recess at 9: 15 pm. The meeting was reconvened at 9:28 pm. ITEM *4 REQUEST TO WAIVE BID PROCEDURES FOR THE PURCHASE OF FIREWORKS FOR THE 4TH OF JULY, 1990. Ms. Macdonald explained that the Village has used the same vendor for the last 7 years and recommended approval . Mr . Canton moved approval . Ms. Stofik seconded the motion and the vote was unanimous In favor . ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING SWIM TEAM Ms. Stofik asked that Item *5 be deleted from the agenda. ITEM *6 REQUEST TO DECLARE OLD POLICE RADIOS SURPLUS PROPERTY. Ms. Macdonald explained the background. Mr . Canton moved approval Mr . Spahn seconded the motion and the vote was unanimous In favor . ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING RECLASSIFICATION OF CRIME WATCH COORDINATOR POSITION. Ms. Macdonald explained the background. Mr . Spahn stated that It Is an Independent group that should not be in any way an agent of the Village. Ms. Macdonald stated that having this position under the Police Department would facilitate better communication . Mr . Loffredo stated that Crime watch should be kept as an Independent agency. Ms. Macdonald stated that Miami Shores is the only municipality that pays a Crime Watch coordinator . Mr . Spahn moved that the Crime Watch Coordinator post be assigned to the Public Works Department . Mr . Loffredo seconded the motion . Chief Zoovas stated that if the Crime Watch Coordinator Is assigned to Public Works the police will not have direct contact with the organization . Mr . Spahn asked if Mobile Crime Watch will be Included in the Council action. Ms. Macdonald stated that she has no problem with Including Mobile Crime Watch . Mr . Canton asked how would things be different if the two groups came under the Police Department . Chief Zoovas reviewed the changes that would occur . Ms. Stofik stated that in the past the Crime Watch Coordinator has expressed a degree of alienation from the Police Department . She said that placing the organization under the Police Department would solve the problem. Mr . Spahn stated he would withdraw his motion If Crime Watch would be housed outside the Police Department . Mr . Loffredo withdrew his second for the motion. Mr . Canton moved to have a 6 month pilot under Chief Zoovas and reevaluate after 6 months to see how It 's working. Ms. Stofik seconded the motion and asked if the motion Included both Crime Watch and Mobile Crime Watch. Mr . Canton replied yes. Mr . Spahn asked If the Village would be more liable if the motion passes. Mr . Fann replied yes. The vote was taken and is as follows: Canton, Loffredo, Stofik and Courtney - Yes, Spahn - No. The motion passed. ITEM *8 REQUEST FOR AWARD OF BID FOR TRUCK TO PULL RECYCLING TRAILER. Ms. Macdonald explained the background and stated that the low bid is $18,880. Mr . Canton moved approval . Ms. Stofik seconded the motion. Mr . Benton stated that the down time and repairs on an automatic Is much lower than on a standard shift . The vote was unanimous in favor . ITEM *9 DISCUSSION AND POSSIBLE ACTION REGARDING BARRICADES. Ms. Macdonald updated the Council and public on barricade status. She reviewed her memo to the Council "Barricade Status" dated 3/5/90. Mr . Benton spoke generally about how the bid is structured noting that the bid specs require unit pricing . Mr . Laubenthal explained specifically the bid structure. Mr . Loffredo suggested that the Council should commit to at least 10 barricades to be built by a contractor . Ms. Stoflk stated that the most the Village can afford Is 16 barricades. Mr . Loffredo spoke about doing all the barricades at one time and borrowing from the Village fund balance to pay for the unfunded barricades. Mr . Spahn stated that the Council should get the bids first then make financial decisions. Mr . Laubenthal spoke about bid prices and how they change. He said two tier bid specs are possible. Mr . Canton stated that putting in the bid a minimum number of contracted barricades is essential . He spoke about the possibility of a vendor floating a loan and asked that language be added to the bid specs referring to floating a loan . Mr . Canton also spoke about types of plants for barricades, specifically flowering plants. Mayor Courtney stated that It was a consensus of Council that flowering trees be Incorporated Into the barricades. Ms. Stoflk asked about the Intersection of 91st and Miami Avenue. Mr . Benton stated that the Intersection will be bid out separately. Ms. Stoflk moved to authorize the purchase of 13 additional barrels at the cost of approximately $325 and wait until the currently blocked Intersections are permanently closed for the remainder of the eastern section to be temporarily blocked . Mr . Spahn seconded the motion . Mr . Condit spoke about the condition of the temporary barrels and the lack of signs on the new permanent barricades. The vote was unanimous in favor . Mayor Courtney stated that it has been recommended that the Council approve the bid special cover letter that the Council was given a sample of and the bid process and matrix that was attached . Mr . Canton moved to approve the bid specification as submitted with two changes: one, that a minimum number be put in and that flowering trees be put Into the matrix. Ms. Stoflk seconded the motion and the vote was unanimous In favor . Ms. Macdonald spoke about the traffic on 96th Street due to the barricades. She stated that she has received calls from residents who would like to speak on the Issue. Mr . Mike Weston spoke about the safety of families on 96th Street due to the dramatic Increase in traffic as a result of the closure of other streets. Mr . Derrick Platkin read a letter from an 8 year old boy on the subject . Mr . Paul Bryant spoke about the problems with, . and solutions for , traffic on 96th Street . Mr . Greg Pilling spoke about traffic in the morning. He gave suggestions to slow down traffic and for better safety in the area. Ms. Emmy Pedinelli stated that she was concerned with the evaluation of the barricade program. She gave her suggestions for criteria to evaluate the barricade program. Dr . Susan Fitzpatrick stated that everyone In Dade County has more traffic and that the Increase Is not just due to the barricades. Mr . Condit spoke about the evaluation process for the barricades. Mr . Canton suggested that the County should be contacted to put a traffic counter at the intersection of 6th and 96th Street . Mr . Loffredo agreed with Mr . Canton on the need for a traffic count , funding a crossing guard and adding marked cross walks. Ms. Stoflk stated that at each location that permanent barricades are to be placed, a review of the situation is done before the permanent barricades are built . ITEM *10. DISCUSSION AND POSSIBLE ACTION REGARDING PRIORITY OF INSTALLATION OF PERMANENT BARRICADES. Mr . Loffredo explained the background behind the Item and asked for a consensus of how the Council would like the barricade program to progress In the future. Mr . Canton suggested that the Council members should write down their Ideas and return them to the Council . He asked for a list from Mr . Benton as to how he would like to see the program progress. Ms. Stofik suggested prioritizing a wish list for phase 2 of the program. Mr . Spahn stated that a proper traffic study is Important for the interior barricades. Mr . Bruce Majilton spoke about the intersection of 99th Street and 10th Avenue. ITEM *11 REQUEST FOR APPROVAL OF AD HOC PUBLIC RELATIONS COMMITTEE . Mayor Courtney explained the Item and recommended the following to be members of the committee: Susan Fitzpatrick Ed McCall Rhonda Edmiston Bob Blum Margarita Courtney and others to be named. Mayor Courtney stated that the goal of the committee would be to promote Miami Shores in a positive way, and the term would be for 6 months. Mr . Canton moved approval and Mr . Spahn seconded the motion. Mr . Canton spoke about public relations In Coral Gables. The vote was unanimous in favor . ITEM *12 ANNOUNCEMENTS Mayor Courtney read the announcements. ITEM *13 COUNCIL COMMENTS Mr . Canton spoke about the School Board public hearing . ITEM *14 PUBLIC COMMENTS There were no public comments. ITEM *15 ADJOURNMENT The meeting was adjourned at 11 :28 pm. ry Courtney Mayor Attest : Galt Macdonald d By: Scott W. Davis Deputy Village Clerk