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01-15-1991 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JANUARY 15, 1991 The regular meeting of the Miami Shores Village Council was held on Tuesday, January 15, 1991, at the Miami Shores Community Center commencing at 7:35 p.m. with the following members present: Mayor Courtney Herb Spahn Spero Canton Stephen Loffredo Steven J. Johnson Also present: Gall Macdonald William F. Fann The invocation was delivered by Reverend Clifford Horvath from the Episcopal Church of the Resurrection. Damon Adams, South Florida representative of The National Government Finance Officers Association, presented a Certification of Achievement for Excellence In Financial Reporting to Patricia W. Varney, Miami Shores Finance Director. Mayor Courtney and Lela Jacobson presented awards to Mobile Patrollers for hours patrolled. Mayor Courtney presented awards to residents for exceptional residential holiday lighting. ITEM *1 MINUTES Mr. Canton moved approval of the minutes from the Regular Council Meeting of 12/18/90. Mr. Loffredo seconded the motion and the vote was unanimous in favor. Mr. Loffredo moved approval of the minutes from the Street Closure Public Hearing 12/10/90. Mr. Canton seconded the motion and the vote was unanimous in favor. Mayor Courtney acknowledged receipt of the minutes from the following meetings: Recreation Advisory Committee 12/10/90 Beautification Advisory Committee 11/21/90 Planning and Zoning Board 11/8/90, 12/15/90 Code Enforcement Board 1/3/91 ITEM *2 APPOINTMENT TO MIAMI SHORES PENSION BOARD Mayor Courtney stated that the Council has received an application from Kay McCoy. Mr. Canton moved approval. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *3 PLANNING AND ZONING ITEM Request by Biscayne Kennel Club for amendment to the zoning code for the S-2 District. Mayor Courtney explained the the request has been withdrawn by the dog track. Ms. Kay Spitzer, President of the Biscayne Kennel Club, confirmed that the item has been withdrawn. She made a presentation regarding the operation and history of the track. Ms. Spitzer spoke about the economic Impact of the track's operation. She asked for the Council to pass guidelines for the Village Manager to act on with regard to special events at the track. Ms. Gloria Smith: Spoke about the large amount of people coming to Miami Shores to go to events at the track. She said It will cause pollution, noise, litter and increased crime. Ms. Alice Wucjiak: Spoke against a flea market at the track. She suggested houses and a park for the location of the track. Mayor Courtney explained the background of the Item. He said that the P&Z board denied the original request by the track. Mr. Loffredo asked for more public Input. Mr. Brian Smith: Spoke about zoning In Miami Shores and spoke In opposition to changes In zoning for the track. Mr. Canton spoke about zoning issues and what It takes to overturn P&Z's decision. Mr. Lloyd Smith: Asked that the Council state their position on the Issue. Mayor stated that It would be improper due to the fact that the Item has been withdrawn. Mr. Loffredo stated that the Council cannot act on a matter if it Is withdrawn. Ms. Gertrude Doggett: Spoke about the excess traffic In the area of the track. ITEM *4 PRESENTATION OF ANNUAL FINANCIAL REPORT Ms. Macdonald Introduced Mr. Jerry Chiocca of Rachlin & Cohen. Mr. Chlocca Introduced Mr. Stanley Cohen who presented the report. Mr. Cohen stated that the revenues of the Village are $6,449,449 and the total assets are $17,229,397. He stated that the Village Is in excellent shape financially, Is in a liquid position and the Internal controls are very good. Mr. Spahn asked for future suggestions on how the Village can Improve. Mr. Jim Condit: Asked about the Country Club shortfall and the 1/2 mil for street closures. Mr. Cohen responded. Mr. Spahn stated $150,000 will be paid back each year to repay a loan to the Club. Ms. Betty Jensen: Asked if the Pension Fund Is sound. Mr. Cohen stated that the assets available equal 7.3 million. ITEM *5 A RESOLUTION EXPRESSING THE INTENT OF THE VILLAGE OF MIAMI SHORES TO INCUR GENERAL OBLIGATION DEBT OF THE VILLAGE IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000 TO PAY THE COST OF CONSTRUCTING A NEW PUBLIC SWIMMING POOL, IF SUCH ISSUANCE IS APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS OF THE VILLAGE; CALLING FOR A SPECIAL ELECTION TO BE HELD SIMULTANEOUSLY WITH THE GENERAL ELECTION SCHEDULED FOR APRIL 9, 1991; PROVIDING THE METHOD AND MANNER FOR NOTICE OF SAID REFERENDUM; AND APPROVING THE FORM OF SAID BALLOT. Ms. Macdonald read the caption of the resolution and explained the background. She stated that at this time she Is not recommending the type of financing to be used for the new pool. Ms. Macdonald stated that this resolution only places on the ballot the option of using bonds. She recommended that the Council approve the resolution. Mr. Loffredo moved approval. Mr. Canton seconded the motion. Mr. Loffredo commended Ms. Varney and Ms. Macdonald for the work that they have done regarding financing of the new pool. The vote was unanimous In favor. ITEM *6 AN ORDINANCE AMENDING SECTION 516 OF MIAMI SHORES ZONING ORDINANCE NUMBER 270 BY ADDING THERETO A BASKETBALL GOAL AS AN ACCESSORY BUILDING; DEFINING BASKETBALL GOALS AND HEIGHTS THEREOF; LIMITING NUMBER, LOCATION, DIMENSIONS, COMPOSITION AND COLOR THEREOF; REQUIRING ANCHORAGE THEREOF; REQUIRING PERMIT FOR CONSTRUCTION AND MAINTENANCE THEREOF; REQUIRING EXISTING STRUCTURES TO BE IN COMPLIANCE WITHIN THREE YEARS; EXEMPTING BASKETBALL GOALS FROM REGULATION OF ACCESSORY BUILDINGS AS SET FORTH IN SCHEDULE OF REGULATIONS BEING A PART OF ARTICLE IV OF SAID ORDINANCE NUMBER 270; PROVIDING EFFECTIVE DATE. Second and final reading. Ms. Macdonald read the caption of the ordinance and explained the background. She recommended approval. Mr. Spahn moved approval and Mr. Canton seconded the motion. Mr. David Goodwin: Asked If he will be told he must remove his existing basketball goal after three years If it does not comply with the new ordinance. Mr. Loffredo responded yes. Mr. Goodwin stated that it denies the use of his property to play basketball without due process. Mr. Spahn stated that basketball goals are not currently legal In Miami Shores and you can't please everyone. Ms. Joan Luden: She has had a basketball goal In her backyard for 25 years. She said that existing goals should be grandfathered In Ms. Marilyn George: Has neighbor with basketball goal on a pole and likes It there. She said the ordinance Is too restricting. Mr. Gene Drody: Ordinance Is unnecessary and overly restrictive. He said a pole Is the best place for a basketball net and a pole Is adjustable. Mr. Doug Jacobs: Urged the board to reconsider the ordinance. Ms. Pam Michaels: Asked how many people have called to complain about basketball goals. She said that seeing kids outside sells homes. Mr. Mark Greenberg: Spoke In favor of basketball In the front yard. He urged the Council to reconsider the ordinance. Mr. Loffredo spoke about lay up shots in basketball and about the benefits of pole mounting of basketball goals. He suggested an amendment to 2A of the ordinance: to delete the first sentence and not permit mounting to the front of the house and and replace it with: Ground mounted poles shall be the only mounting permitted, and shall be set back 10 feet from side property line and 10 feet from the front property line and shall face the Interior yard. Mr. Spahn moved to table the Item and direct P&Z to develop an ordinance that would cover athletic equipment as opposed to accessory buildings. Mr. Canton seconded the motion and the vote was unanimous In favor. Mr. Johnson spoke about zoning laws in Miami Shores with regard to basketball goals. Mr. Fann stated that all existing basketball goals In Miami Shores are illegal. He spoke about real estate signs and aesthetics of Items In the front yards. Mr. Fernandez spoke about the nuisance factor of basketball. ITEM *6A REQUEST FOR CONTRACT MODIFICATION WITH ROBERT K. SWARTHOUT FOR THE DOWNTOWN STUDY. Mr. Canton moved to add 6A as an emergency Item to the agenda. Mr. Spahn seconded the motion and the vote was unanimous In favor. Ms. Macdonald explained the background. Mr. Swarthout explained the study and stated that the additional Input of the engineer was necessary. Mayor Courtney stated that he was concerned that no work has been completed at this time and that the study will cost additional funds. Mr. Swarthout stated that he wrongly assumed that the engineering work could be done with a few hours of work. He stated that an additional $6,000 Is needed for engineering work for Phase II. Mr. Swarthout explained what the engineering work would entail. Ms. Macdonald stated that Mr. Swarthout has agreed to defer acceptance of payment of an the additional $6,000 until next fiscal year. Mr. Spahn moved to authorize Ms. Macdonald to contract for an additional $6,000 for the study. Mr. Johnson seconded the motion. Ms. Macdonald asked Mr. Swarthout when the study would be completed. Mr. Swarthout replied one or two weeks past the original deadline of February 19th. Mr. Loffredo asked when the County report will be completed. Ms. Macdonald replied 2 weeks. She said that the Village should have the County report In time to stop Mr. Swarthout If necessary. Mayor Courtney asked If any other engineering firm Is available. Mr. Swarthout stated that he could shop for another firm, however it will delay the study. The vote was unanimous In favor. ITEM *7 ANNOUNCEMENTS Mayor Courtney read the announcements. ITEM *8 COUNCIL COMMENTS Mr. Johnson stated that you can't please all of the people all of the time and that he hopes that residents will speak up when they have an Issue that they would like to discuss. Mr. Canton spoke about the show at the theater and the war. Mr. Loffredo spoke about the war. ITEM *9 PUBLIC COMMENTS Mr. Joe Dugoni spoke about his appreciation for the actions of the Council in the past. He also spoke about Miami Shores Elementary. Mr. Loffredo spoke about the new State School V and the closing of a street to build it. Mr. Brian Smith spoke about the future of the S2 district in Miami Shores. Mr. James Condit spoke about traffic on 96th Street and striping of 96th Street with regard to property values. Ms. Betty Jensen spoke about taxes. ITEM *10 ADJOURNMENT The meeting was adjourned at 10:17 pm. Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk Henr T. -'Courtney Mayor