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