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03-19-1991 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MARCH 19, 1991 The regular meeting of the Miami Shores Village Council was held on Tuesday, March 19, 1991, at the Miami Shores Village Hall commencing at 7:30 p.m. with the following members present: Herb Spahn Spero Canton Stephen Loffredo Steven J. Johnson Also present: Gail Macdonald William F. Fann Absent: Mayor Courtney Due to Mayor Courtney's absence Mr. Spahn was acting Mayor. The Invocation was delivered by Church Lay Leader, Howard T. Walton, from the Rader Memorial United Methodist Church. Mr. Spahn presented a proclamation for "Keep Dade Beautiful protect to Stanley Kann, Chairman of the Keep Dade Beautiful protect. ITEM *1 MINUTES Mr. Loffredo moved approval of the minutes from the Regular Council Meeting of 3/5/91. Mr. Johnson seconded the motion and the vote was unanimous in favor. Mr. Spahn acknowledged receipt of the minutes from the following meetings: Downtown Revitalization Board 3/6/91 Recreation Advisory Committee 1/14/91 Planning and Zoning Board 2/14/91 Code Enforcement Board 3/7/91 ITEM *2 APPOINTMENT TO THE LIBRARY BOARD. Ms. Macdonald explained the background. Ms. Alice Burch addressed the Council on her background and reasons for seeking the appointment. Mr. Loffredo moved to appoint Ms. Burch to the Library Board. Mr. Canton seconded the motion and the vote was unanimous In favor. ITEM *3 REQUEST FOR AUTHORIZATION FOR VILLAGE MANAGER TO EXECUTE EPA PARTICIPATION AGREEMENT AND CONSENT DECREE. Ms. Macdonald explained the background. She stated that Miami Shores costs will be capped at $5,000 for Phase 1 of the clean up of the site and recommended that the Council authorize the Village Manager to execute the EPA participation agreement and consent agreement and to appropriate the $5,000 from the Village contingency fund. Mr. Canton so moved and Mr. Loffredo seconded the motion. Mr. Donald Fann explained the process of remediation for the site and stated that estimates have been made that there are 20,000 - 60,000 gallons of oil in the site. Mr. Donald Fann stated that Phase II could run 30-40 million dollars. Ms. Betsy Gallagher explained the Insurance position of the Village. She stated that there Is a good chance that Travelers will have to defend the Village and will be responsible for all attorney's fees. The vote was taken for the motion on the floor and was unanimous In favor. ITEM *4 PRESENTATION OF RESULTS OF DOWNTOWN SANITARY SEWER STUDY. Ms. Macdonald reviewed the background. Mr. Steve Pitkin reported the findings of the downtown study. He stated that Second Avenue Is locked Into its current uses utilizing septic tanks. Mr. Pitkin also stated that parking would not be a problem If the usage of downtown was expanded. He spoke about the success of the downtown area In other small towns stating that restaurants were used as anchors to attract pedestrians. Mr. Pitkin outlined the zoning changes that could be granted for downtown In exchange for sewer assessment costs. ITEM *5 RESOLUTION REQUESTING DADE COUNTY, FLORIDA TO ESTABLISH SPECIAL TAXING DISTRICT INCLUDING PROPERTY WITHIN THE MUNICIPAL BOUNDARIES OF MIAMI SHORES VILLAGE, FLORIDA FOR THE CONSTRUCTION AND OPERATION OF SANITARY SEWER LINES. Ms. Macdonald read a memo to the Council from Mayor Courtney stating that if he were in attendance at the meeting he would abstain from voting on Item *5 and *6 on the advice of Mr. Fann. Ms. Macdonald reviewed her memo to Council entitled "Downtown Sanitary Sewer Installation" dated 3/14/91. She stated that she totally endorses the recommendation of the Planning and Zoning Board outlined in their memo to Council dated 10/24/90. She stated that what Is needed is a change In zoning. Ms. Macdonald reviewed her recommendations from her memo to Council. Mr. Canton asked If a restaurant moved In on 2nd Avenue could they put in a treatment center In the rear of the building. Mr. Stiles of Fortin, Levy and Stiles replied that the possibility would be remote due to the disposal of the treated waste. Mr. Spahn reviewed Ms. Macdonald's recommendations one at a time seeking action on each one. 1. I recommend that the Village Council defeat the pro- posed resolution to create a sanitary sewer district In the downtown Miami Shores area. Mr. Canton so moved. Mr. Johnson seconded the motion. Mr. Spahn read the caption of the resolution. The vote was unanimous In favor. 2. Now that the buildable footprint has been provided to the Planning and Zoning Boardmembers, I recommend that the Village Council charge the Planning and Zoning Board with the development of a comprehensive plan for the downtown area with specific attention to the following: - reassess the validity of the Main Street conclusions. - using the Swarthout study as a base, develop recommend- ations for zoning relief for downtown Miami Shores. - consider the need for sewers in the southeast business corridor. -explore alternative technologies which may be feasible. Mr. Canton so moved and amended the recommendation that the P&Z Board return with a time frame on this recommendation. Mr. Loffredo seconded the motion. Mr. Spahn and Mr. Canton spoke about zoning and both stated that it Is now up to the P&Z Board. Mr. Johnson asked the P&Z Board to return with a prioritized time table. Mr. Loffredo stated that each property owner downtown should have Input Into the decision. The vote was unanimous In favor. 3. The Village Attorney should be directed to codify the recommendations for B1, 62 recommended usage as de- veloped by the Planning and Zoning Board so that the Village Council may hold public hearings and reach a final conclusion with respect to these usages. These usages will then be a part of the deliberation process used by the Planning and Zoning Board In their zoning relief recommendations. Mr. Canton so moved. Mr. Johnson seconded the motion and the vote was unanimous in favor. Mr. Spahn stated that a motion was not necessary on the last two recommendations and that they should be handled administratively. 4. The Downtown Revitalization Board should focus Its efforts on business retention and recruitment and developing a marketing plan for the downtown area. 5. The Village Manager should be directed to coordinate and Implement the recommendations of the Business Develop- ment Committee in as timely a fashion as possible. ITEM *6 APPROPRIATION OF SHORES HERITAGE COUNCIL DONATION. Ms. Macdonald explained the background and stated that the Heritage Council has requested that the Village Council disburse the funds in the following manner: $500 to Horace Mann Middle School for an historic display case. $500 to Miami Shores Elementary School $500 to Miami Shores Theater for repair of the marquee. $297.18 to the Miami Shores Historic Preservation Board for arranging historic tours Ms. Macdonald recommended that the funds be appropriated as requested. Mr. Loffredo so moved. Mr. Canton seconded the motion and the vote was unanimous In favor. ITEM *7 ANNOUNCEMENTS Mr. Spahn read the announcements. ITEM *8 COUNCIL COMMENTS Mr. Johnson spoke about the residents getting out and voting. ITEM *9 PUBLIC COMMENTS Mr. Arthur Shandloff spoke about restaurants downtown. ITEM *10 ADJOURNMENT The meeting was adjourned at 8:36. Attest: By: Gall Macdonald Scott W. Davis Deputy Village Clerk He'ry T ourtney Mayor