10-16-1990 Regular Meeting MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
OCTOBER 16, ' 1990
The regular meeting of the Miami Shores Village Council
was held on Tuesday, October 16, 1990, 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 : Gail Macdonald
William F . Fann
Due to Mayor Courtney's late arrival Herb Spahn was acting
Mayor .
ITEM *1 MINUTES
Ms. Stofik moved approval of the minutes from the Regular
Council Meeting of 10/2/90. Mr . Loffredo seconded the motion
and stated that in the minutes he would like to clarify that he
would prefer that the pool be constructed as soon as possible.
The vote was unanimous In favor . Mr . Spahn acknowledged receipt
of the minutes from the following meetings:
Code Enforcement Board 9/13/90
Planning and Zoning Board 10/4/90
ITEM *2 PLANNING AND ZONING
a. Request for Approval of Division of Land without Plat
David Lloyd, Lots 10, 11 , and 12, Block 3, EI Portal Sub.
Mr . LuBien explained the background and stated that It was
approved by the P&Z board . Ms. Stofik moved to uphold the action
of the P&Z Board. Mr . Canton seconded the motion and the vote was
unanimous In favor .
b. Request for Approval of Plans for Alteration and Addition
St . Martha's Parish, 9221 Biscayne Boulevard.
Mr . LuBien reviewed the background. Mr . Canton asked if the site
was the former motel . Mr . LuBien replied yes. Mr . Ben Lopez,
Architect, presented floor plans and layouts for the proposed
alterations and addition. Mr . Canton and Ms. Stoflk spoke about
the traffic pattern created by the facility. Mr . Loffredo moved
approval of the P&Z decision to permit the structure. Mr . Canton
seconded the motion and the vote was unanimous in favor .
c. Appeal of Planning and Zoning Board's Decision Regarding
Variance for Lattice Work Construction.
Mr . LuBien reviewed the background . Mr . Hung Duc Pham showed
pictures of the construction. He explained why the construction
was not a new structure rather a lattice for his plants to grow on
and an art piece. Mr . LuBien stated that the structure is in
violation. He said that it was built in the side setback . Ms.
Stofik moved to deny the appeal because she said that she was
concerned with the safety of the structure. Mr . LuBien reviewed
the times when a permit is required and not required . Mr .
Loffredo moved to uphold the decision of the Planning and Zoning
Board and deny the appeal . Ms. Stoflk seconded the motion and the
vote was unanimous In favor .
ITEM *3 RESOLUTION OF THE COUNCIL OF THE VILLAGE OF MIAMI SHORES
REAFFIRMING RESOLUTION 846-89 WHICH WAS ADOPTED IN MARCH, 1989
AND WHICH REQUESTS THAT THE LEGISLATURE OF THE STATE OF FLORIDA
PASS LAWS PURSUING AN AMENDMENT TO THE CONSTITUTION OF THE STATE
OF FLORIDA THAT REQUIRES THAT ANY FUTURE LEGISLATION MANDATING
ACTION BY A UNIT OF LOCAL GOVERNMENT, WHEN SUCH ACTION PLACES A
FINANCIAL BURDEN ON THE UNIT OF LOCAL GOVERNMENT, WILL PROVIDE A
SOURCE OF FUNDING SUFFICIENT TO COVER THE COSTS OF SUCH ACTION
WITHOUT THE REQUIREMENT FOR A REFERENDUM BY THE UNIT OF LOCAL
GOVERNMENT. Ms. Macdonald read the caption of the resolution . Mr .
Canton stated that the amendment is supported by the Florida
League of Cities. He explained what the amendment is attempting to
accomplish . Mr . Loffredo spoke about accepting responsibility for
one's own actions. He says that the same applies for governments.
Mr . Canton moved to accept the resolution . Mr . Loffredo seconded
the motion and the vote was unanimous in favor .
ITEM #4 MIAMI SHORES VILLAGE BOARD APPOINTMENTS:
a. Fine Arts Commission
Mr . Loffredo moved to appoint Mr . Thomas Beck . Ms. Stoflk
seconded the motion and the vote was unanimous in favor .
b. Beautification Committee
Ms. Macdonald stated that the Item should be deferred due to the
lack of any candidates in attendance at the meeting .
C. Downtown Revitalization Board
Mr . Loffredo moved to appoint Ms. Margaret Rente to the Board.
Mr . Canton seconded the motion and the vote was unanimous in
favor .
d. Recreation Advisory Committee
Mr . Canton moved to appoint Mr . Joseph Frechette to the Committee.
Ms. Stoflk seconded the motion and the vote was unanimous in
favor .
ITEM *5 DISCUSSION, POSSIBLE ACTION AND PRESENTATION BY LUDOVICI
& ORANGE REGARDING DOWNTOWN CROSSWALK PAVING. Ms. Macdonald
reviewed the background . Ms. Barbara Witte Introduced Mr . David
Roberts from Ludovicl & Orange who explained the difference
between stamped concrete and interlocking pavers. He said that
both types of paving cost between $2.50 and $3.00 per square foot
and that interlocking pavers are stronger than stamped concrete
and can be repaired more easily. Ms. Stoflk asked if pavers can
stand up to heavy traffic. Mr . Roberts replied yes. He also
stated that the crosswalks will cause traffic to slow down due to
the visual effect . Mr . Tom Laubenthai spoke about the advantages
of pavers over stamped concrete. Mr . Canton moved approval of
using interlocking pavers for the downtown crosswalks. Ms. Stoflk
seconded the motion and the vote was as follows: Canton, Loffredo
and Stoflk - Yes, Spahn - No. The motion carried.
ITEM *6 DISCUSSION AND POSSIBLE ACTION ON RECOMMENDATIONS BY CODE
ENFORCEMENT TASK FORCE. Ms. Stoflk stated that the staff has not
taken an aggressive stance on multi -family use of single family
homes. Ms. Macdonald spoke about the problem with enforcement .
Ms. Stoflk spoke about apartment for rent signs in single family
homes. She said that the Village needs to make changes in
ordinances to solve the problem. Mr . Canton spoke about the
number of cars parked In front of homes. He suggested having code
enforcement officers working in the evening to observe this type
of violation. Mr . Loffredo spoke about the legal situation when
citing violators. Mr . Spahn asked Ms. Macdonald to set a time
table to set a stronger approach to the problem. He suggested 4
weeks. Mr . Canton suggested going forward strongly and quickly
with action in the Village. Ms. Stofik spoke about the long term
use of the area West of Barry University. She said that the
comprehensive plan is the best way to accomplish the task . Mr .
Canton spoke about ordinances that are unique for the downtown
area. Ms. Barbara Witte spoke about the progress on sign
ordinances and the use of guidelines with voluntary compliance.
Mr . Canton spoke about signs in the Village and the need for a
more conservative sign ordinance.
Ms. Stoftk moved to request the P&Z Board to review the
comprehensive plan for future land use in the area West of NW 2nd
Avenue between 111th and 115th Street at their earliest
opportunity. Mr . Canton seconded the motion. Ms. Stofik stated
that now is the time to start planning for future use. Mr .
Loffredo spoke about efforts to zone the largest taxpayer out of
business and that it Is not fair . He said the P&Z Board needs
more guidance from Council on this matter . Mr . Spahn spoke about
Barry University expanding to the area for dorms. He said single
family zoning Is necessary to protect Miami Shores for the future.
Mr . Canton stated that he supports Ms. Stofik 's motion. Mr .
Loffredo stated that he does not support the motion because it is
Punitive action directed at the dog track, however he said he is
not in support of the flea market . Mr . Spahn stated that it was
not punitive only to plan for future land use. Ms. Stoftk stated
that she Is not recommending single family homes. She said let
the P&Z Board review the situation and let them come up with a
plan for future land use. The vote was as follows: Canton, Spahn
and Stoftk - Yes, Loffredo - No. The motion carried
Mayor Courtney arrived at this time.
Mr . Canton spoke about developing a uniform commercial sign
ordinance. Ms. Macdonald stated that she would like to go with
DRB's guidelines.
ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING FORMAT AND
FUNDING OF VILLAGE NEWSLETTER. Ms. Macdonald reviewed the
background and suggested a reduction in the paper size and an
Increase in the number of Issues per year . Ms. Parveen Hughes
outlined the proposal to change the newsletter . Mr . Canton moved
for the changes to occur within the newsletter . Mr . Spahn
seconded the motion and the vote was unanimous In favor . Ms.
Hughes stated that the first edition with the new format will be
In December .
ITEM *8 DISCUSSION AND POSSIBLE ACTION REGARDING PICTURE ID's FOR
USE OF RECREATIONAL FACILITIES. Ms. Macdonald reviewed the
background and requested to continue the 90 day period of police
enforcement and defer action . Mr . Canton moved approval of the
Village Manager 's recommendation and requested a report within 90
days from Mr . Varney and the Police Chief on how the
recommendation has been carried out and how It has been received.
Mr . Spahn seconded the motion and the vote was unanimous in favor .
ITEM *9 DISCUSSION AND POSSIBLE ACTION REGARDING COUNCILWOMAN
STOFIK'S RESIGNATION. Mayor Courtney read Ms. Stofik 's
resignation letter . He presented a plaque and check in the amount
Of $1 .00. Ms. Stofik spoke about her time on Council and the
overcrowding at Miami Shores Elementary. Mr . Canton moved for
acceptance of Ms. Stofik 's resignation . Mr . Loffredo seconded the
motion and the vote was unanimous In favor . Mr . Spahn suggested
having Council members talk to Individuals who may be Interested
In filling Ms. Stofik 's position and have Ms. Macdonald invite
them to the meeting and have the Council vote by written ballots.
Mr . Canton stated that written ballots is a good Idea. He
suggested a weighted vote with 1st 2nd and 3rd with points given
for each position . Mayor Courtney stated that he has received
calls from people who are Interested in filling the position . He
suggested creating a list of Interested people then follow through
with the written ballot . Mr . Loffredo suggested that no person
can be considered who is not nominated by at least one Council
member . Ms. Macdonald stated that she would accept names until
October 31 and give the list to the Council . Then the Council
members would each get back to her with 1 person who they
nominate. Mr . Spahn stated that he is not in favor of a weighted
vote. Mayor Courtney explained to the audience that there was no
provision in the Miami Shores Ordinances for filling a vacancy.
He said that there was a consensus of Council as follows:
1 . Council members will give to Ms. Macdonald the
names of anyone who has contacted them.
2. Ms. Macdonald will circulate the list among the
Council members.
3. Next meeting of the Council each Council member
will nominate a person.
4. The Council will vote on the people.
5. No presentations by candidates.
Mr . Spahn stated that the Council may want to ask questions of the
candidates.
ITEM *10 ANNOUNCEMENTS
Mayor Courtney read the announcements.
ITEM *11 COUNCIL COMMENTS
Ms. Stofik spoke about the death of Paul Bell and her upcoming
move.
Mr . Canton spoke about Ms. Stofik leaving Miami Shores, the death
of Paul Bell and the overcrowding at Miami Shores Elementary.
Mr . Spahn spoke about Ms. Stofik leaving and Amendment *3.
Mr . Loffredo spoke about the death of Paul Bell and Ms. Stofik
leaving .
Mayor Courtney spoke about Ms. Stofik and the theater .
ITEM *12 PUBLIC COMMENTS
Mr . Ed Wujciak spoke about zoning and land use of the area west of
NW 2nd Avenue.
ITEM *13 ADJOURNMENT
The meeting was adjourned at 9:51 pm.
my Cou tney
MayFf
Attest : Gail Macdonald
VIIlage Clerk
By:
Scott W. Davis
Deputy Viligge Clerk
4
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10050 N.E. SECOND AVENUE
MIAMI SHORES, FLORIDA 33138-2382
TELEPHONE (305) 758-8000
FAX (305) 756-8972
October 16, 1990
To Mayor and Council:
It is with deep regret that I hereby submit my resignation from
the Miami Shores Village Council effective October 17, 1990.
rty tofk
ouncilwoman