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12-04-1990 Regular Meeting MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING DECEMBER 4, 1990 The regular meeting of the Miami Shores Village Council was held on Tuesday, December 4, 1990, at Village Hall commencing at 7:35 p.m. with the following members present : Mayor Courtney Herb Spahn Spero Canton Stephen Loffredo Steven J . Johnson Also present : Gail Macdonald William F. Fann The Invocation was delivered by Pastor John Hirst from the Redeemer Lutheran Church followed by the Pledge of Allegiance. Mr . Johnson took an oath of office, given by Miami Shores resident and Circuit Court Judge, Thomas M. Carney. Mr . Hank Gaggstatter presented plaques to homeowners of Historic Landmarks in Miami Shores. ITEM *1 MINUTES Mr . Canton moved approval of the minutes from the Regular Council Meeting of 11 /20/90. Mr . Spahn seconded the motion and the vote was unanimous in favor . Mayor Courtney acknowledged receipt of the minutes from the following meetings: Historic Preservation Board 11 /19/90 Recreation Advisory Committee 10/15/90 Fine Arts Commission 9/17/90 ITEM *2 PLANNING AND ZONING ITEMS a. Appeal of P&Z decision regarding variance to allow 10' rear setback on addition . Mr . LuBien showed site plans to the Council and explained the situation. He stated that the P&Z Board turned down the application unanimously. Mr . Hoffman explained why he would like to have his request for a variance approved. Mr . Loffredo expressed concern that the addition would be an imposition on the neighbors. Mr . Hoffman stated that there Is a letter from the neighbors stating that the addition is acceptable. He also stated that his hardship is that he must conform to zoning laws for an unpaved street and can 't fully use his property. Mr . Spahn moved to support the P&Z Board and turn down the appeal . Mr . Canton seconded the motion and the vote was unanimous In favor . ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING PCM'S REQUEST TO MODIFY THE COUNTRY CLUB CAPITAL IMPROVEMENT SCHEDULE. Ms. Macdonald explained the background and recommended approval . Santa arrived at this time and gave candy canes to all of the Council members. Mr . Hart explained that the Clubhouse is an old building and that through October , PCM spent $400,000. He explained what his plans are for future capital Improvements. Mr . Spahn spoke about PCM's obligation for repairs. Mr . Canton moved approval . Mr . Spahn seconded the motion and the vote was unanimous in favor . ITEM *4 DISCUSSION REGARDING BASKETBALL ORDINANCE . Ms. Macdonald explained the background . Mr . Loffredo stated that residents like basketball goals in their front yards. He stated that pole mounted goals are very sturdy and safe and would like pole mounted goals allowed in front driveways. Mr . Spahn stated that the current proposed ordinance can be defended In court . Mr . Fann stated that he will have problems defending basketball facilities of any type in the front yard with regards to real estate signs not being allowed . He urged the Council not to allow basketball goals in the front yard . Mr . Loffredo stated that there is a difference between the goals and real estate signs. Mr . Canton spoke about other recreation devices and related regulations. He stated that he supports not having goals in the front of the house. Mr . Spahn stated that the Proposed ordinance Is acceptable. Mayor Courtney stated that he agrees with Mr . Spahn. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING DOWNTOWN SANITARY SEWER DISTRICT. Ms. Macdonald explained the background and recommended completing the planning process. Mr . Canton stated that he supports completing the planning process. He spoke about the attitude of the property owners downtown. He said that the way to change the attitude of the property owners Is to change zoning . Mr . Richard Fernandez explained what P&Z Is undertaking and spoke about their progress. Mr . Spahn moved to authorize Ms. Macdonald to contract with Robert K. Swarthout Inc. to do the studies that Mr . Pitkin outlined in his report to be completed by mid-February, 1991 . Mr . Canton seconded the motion . Mr . Frix spoke about the different phases of the proposed study. He said that Phase 2 is most Important and asked that it be completed first . Mr'. Spahn stated that the Council will need all of the Information from both phases. Mr . Johnson stated that the information from Phase 1 is the Information requested by the Business Development Committee. Mr . Loffredo stated that Phase 1 is good solid work that needs to be done. The vote was unanimous In favor . ITEM *6 REPORT FROM THE DOWNTOWN REVITALIZATION BOARD REGARDING GOALS AND OBJECTIVES. Ms. Macdonald reviewed the background. Ms. Barbara Witte presented the goals and objectives of the Board . She reviewed the progress of the projects the Board is working on . Mr . Canton stated that the new newsletter is very easy to read and Is a great Improvement . Mr . Spahn spoke about helping new business come to Miami Shores. ITEM *7 AWARD OF BID FOR DOWNTOWN LANDSCAPING. Ms. Macdonald stated the bids ranged from $17, 176 to $32,054. She stated that the acceptable low bid was from Melrose Nursery and recommended accepting the low bid . Mr . Loffredo moved to accept the low bid . Mr . Canton seconded the motion . Mr . Spahn asked if maintenance procedures are in place. Mr . Benton stated that sprinklers are being Installed. The vote was unanimous In favor . ITEM *8 AN ORDINANCE AMENDING SECTION 18-38 REDEFINING ACCUMULATED CONTRIBUTIONS; CHANGING DATE FOR ANNUAL CALCULATION THEREOF FROM JANUARY 1 , TO OCTOBER 1 COMMENCING AS OF OCTOBER 1 , 1990; PROVIDING EFFECTIVE DATE. Mayor Courtney read the caption of the ordinance. Ms. Macdonald explained what the ordinance means. She stated that the change would have no effect on plan participants and will save the Village a small amount of money. Ms. Macdonald recommended approval . Mr . Canton so moved. Mr . Spahn seconded the motion and the vote was unanimous in favor . ITEM *9 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE OPPOSING THE PROPOSED RULE FOR RETROFITTING EXISTING STORMWATER SYSTEMS AS SET FORTH IN THE STATE WATER POLICY, SECTION 17-40.420. Mayor Courtney read the caption of the resolution. Ms. Macdonald explained the resolution and recommended approval . Mr . Loffredo moved to pass the resolution . Mr . Spahn seconded the motion and the vote was unanimous in favor . ITEM *10 ANNOUNCEMENTS Mayor Courtney read the announcements. 11 . COUNCIL COMMENTS Mr . Johnson thanked the Council for selecting him to replace Ms. Stofik . He stated that he will do his best and that he was Impressed with the department heads. The remaining Council members welcomed Mr . Johnson and commented on the opening of the theater . ITEM *12 PUBLIC COWMENTS Mr . Ed Harrigan welcomed Mr . Johnson to the Council and inquired where the office of the DRB was. Mr . Jim Condit spoke about street closures. Mr . Spahn spoke about the traffic on 96th Street . Mr . Loffredo spoke about regulating traffic on 96th Street . Mr . Canton stated that the Village should proceed with traffic modification devices. Ms. Macdonald spoke about the report from the County regarding traffic regulations on 96th Street . ITEM *13 ADJOURNMENT The meeting was adjourned at 9: 18 pm. 4yeT. Court y Attest : Gail Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk STATE OF FLORIDA ) MIAMI SHORES VILLAGE) I , Steven J . Johnson, do solemnly swear (or affirm) that I support the Constitution and will obey the laws of the United States and of the State of Florida, that I will , In all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully dis- charge the duties of the office of Councliperson. So help me God . STEVEN jV. J SON SUBSCRIBED AND SWORN to before me this 4th Day of Decem6ew° , A.D. , 1990 JudgeThomas M. Carney Circuit Court Judge In and For Dade County, Flori