08-20-1991 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
AUGUST 20, 1991
The regular meeting of the Miami Shores Village Council
was held on Tuesday, August 6, 1991, at the Miami Shores
Community Center commencing at 7:34 p.m. with the following
members present:
Mayor Johnson
Robert Cook
Henry T. Courtney
Herb Spahn
Stephen Loffredo
Also present: Galt Macdonald
William F. Fann
The invocation was delivered by Father Michael A. Souckar from
Saint Rose Of Lima Church.
Mayor Johnson and Lela Jacobson presented Mobile Crime Watch
awards. Mayor Johnson read a letter from President Bush
congratulating Mobile Crime Watch on their community spirit.
Mayor Johnson presented a plaque for historically designated
home at 52 NE 98th Street to Mr. and Mrs. Obermeyer.
ITEM *1 MINUTES
Mr. Loffredo moved approval of the minutes from the Budget
Hearing of 7/24/91. He asked that a list of programs and their
costs be attached to the minutes. Mr. Spahn seconded the
motion and the vote was unanimous in favor.
Mr. Loffredo moved approval of the minutes from the Regular
Council Meeting of 8/6/91. Mr. Spahn seconded the motion and
the vote was unanimous in favor.
Mayor Johnson acknowledged receipt of the minutes from the
following meetings:
Recreation Advisory Committee 6/10/91, 7/8/91
Country Club Advisory Board 7/31/91
Planning and Zoning Board 7/25/91
Code Enforcement Board 8/1/91
ITEM *2 REQUEST FOR DESIGNATION AS AN HISTORIC SITE FOR 70 NE
96TH STREET OWNED BY MR. AND MRS. KEN LANG. Ms. Macdonald
introduced Mr. Hank Gaggstatter who presented the Item. He
stated that the Historic Preservation Board recommended that the
site be designated as a historic landmark. Mr. Spahn moved
approval. Mr. Loffredo seconded the motion and the vote was
unanimous in favor.
ITEM *3 RESOLUTION SUPPORTING THE STAFF RECOMMENDATION OF
METROPOLITAN DADE COUNTY PLANNING DEPARTMENT OPPOSING REQUEST FOR
SPECIAL EXCEPTION TO PERMIT LIQUOR LOUNGE AT 575, 585 AND 595
NORTHWEST 95TH STREET, MADE BY 95 AT 1-95 ENTERPRISES, INC.
Mayor Johnson read the caption of the resolution and Ms.
Macdonald explained the background. She stated that the owners
of the property are asking for 2 special exceptions and that she
recommends passing the resolution. Mr. Loffredo moved approval
of the resolution. Mr. Courtney seconded the motion and the vote
was unanimous In favor.
ITEM *4 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA STRONGLY OPPOSING THE PROPOSED COUNTY CHARTER
AMENDMENT. Mayor Johnson read the caption of the resolution and
Ms. Macdonald explained the background. She stated that Miami
Shores would be cut In half and that there will be absolutely no
representation at all any longer. She recommended that the
Council pass the resolution. Mr. Loffredo moved approval of the
resolution. Mr. Courtney seconded the motion. Mr. Loffredo
stated that the redistricting would eliminate any voice that the
Village has now with the County. Mr. Cook stated that the
wording on the ballot is confusing and hard to understand. The
vote was taken and was unanimous in favor.
ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING PHASE II OF THE
STREET CLOSURE PROGRAM. Ms. Macdonald explained the background
and outlined the new proposal for Phase II of the street closure
program. She spoke about the street closure at 95th Street and
NE 2nd Avenue. She recommended leaving the street closure in the
proposal and allowing the traffic engineers to evaluate the
street closure. Ms. Macdonald discussed the street closure budget
as follows:
anticipated expenses $485,000
anticipated funds available $481,268
Mr. Spahn stated that the closures are to reduce crime and the
closure at 95th and 2nd will only reduce traffic and divert It to
96th Street. Mr. Cook stated that he agrees with Mr. Spahn.
Mayor Johnson stated that there was concern with barricades at
94th and 95th at 2nd Avenue with regard to traffic.
Mr. Bill Springfels:
Ms. Margaret Rente:
Mr. Bill Ford:
Mr. Michael Weston:
Mr. Ole Ostergart:
Ms
. Mary Jones:
Ms. Susanne King:
Ms. Bonnie Bennett:
Mr. Burt Rieny:
Ms. Margaret Farrow:
Spoke against the street closures at
94th and 95th at 2nd Avenue. 4000
residents are customers at the bank at
the corner and the street closure will
cause a great deal of traffic problems
he said.
Against closing 94th and 95th Streets
at 2nd Avenue.
Concerned with traffic on 96th Street
If 95th Is closed.
Against barricades on 94th and 95th
because of traffic on 96th Street.
Spoke about the value of homes,
children and the maintenance of homes.
Concerned with traffic on 96th Street
and children crossing 96th Street.
Having problems selling home on 96th
Street. Likes option of using more
than 1 street on her way home late at
night.
Spoke about traffic on 96th Street.
Spoke about traffic on 2nd Avenue and
96th Street.
Against barricades. Spoke about fire
trucks not being able to find homes.
Ms. Lisa Ford: Spoke about traffic flow and safety
due to i
Ms. Deirdre Fitzpatrick: Trafficbonr96theStreetatth Isstreetbad.
Traffic should be slowed down.
Mr. Steve Gonzalaz: Spoke about the traffic on 95th Street
and the crime on that street.
Ms. Emmy Pedineili: Traffic on 96th Street is bad and she
Is against making any new changes.
Mr. Fred Pinder: Spoke about fire response time If 95th
Is closed.
Mr. Jim Condit:
Spoke about property values going down
on 96th Street.
Mr. Mike Maguire:
Spoke about a law suit to remove all
barricades. He stated that the
Council Is on notice and that they
will
be
subject to
Mr. Spahn recommended that 94thand95th Streetbarricadesbe
removed from the map. Mr. Cook stated that he agrees with Mr.
Spahn's recommendations. Mr. Courtney stated that he was opposed
to the barricades at 94th and 95th Streets. He stated that the
Council must consider what Is best for the whole Village and the
closures at 94th and 95th would be detrimental to more people
than they would be advantageous. He also stated that the Council
should take steps to relieve traffic on 96th street. Mr.
Loffredo stated that the funding should go to relieve traffic on
non barricaded streets and that traffic has already been
substantially reduced on 95th street. Mayor Johnson stated that
the barricade at 95th Street will cause problems in the NCNB
building and asking for pedestrian fatalities. He said that the
barricades are not the answer to problems on 95th Street. Mr.
Cook stated that the Council should take Into consideration
traffic problems on through streets and especially 96th Street.
Mr. Spahn stated that 1/2 of the money of this
year's
can be used to alleviate trafficproblems onthrough
allroeeest
Mr. Courtney stated that he objected tothebarricades at 97th
98th and 99th at 6th Avenue. He stated that It will cause
problems at the Recreation Center.
Mr. Warren Bittner: In favor of barricade on Miami Avenue.
Mr. Mark Sell: Spoke about police patrolling streets.
Asked Council to delay action to avoid
future problems.
Mr. Chris Master:
Supports Barricades on N. Miami
Avenue.
Ms. Margaret Burch:
Stated that streets are not protected
from crime.
Mr. Bob Kroboth:
Spoke about traffic on 103rd street
Mr. Joe Dugoni: Told the Council not to delay
decisions on Phase II.
Ms. Joan Jalia: Stated she Is against barricades along
Mr. Don Saltzber N. Miami Avenue.
g: Spoke about lack of speeding through
Biscayne Park.
Ms. Tudie Lang: Told Council to
go on with the plan as
projected.
Mr. Juden Laudin er:
9 Spoke about the destruction of
property values west of N. Miami
Avenue.
Mr. Spahn stated that crime Isdown 17% In Miami Shores this
year.
Mr. Bob Bell: Urged the Council to continue with the
Mr. Courtney - Yes
Mr. Spahn - Yes
Mr. Cook - Yes
Mayor Johnson - Yes
Mr. Loffredo - No
Mayor Johnson called for a recess at 10:15 pm.
The meeting was reconvened at 10:23 pm.
Mayor Johnson made a clarification regarding the barricades along
6th Avenue at 101 and 102nd Streets that that area was also to be
studied. Mr. Loffredo stated that he does not want to see street
closures slipped In the plan at 101 and 102 street without public
discussion. Mr. Spahn stated that the staff Is merely asking the
traffic engineers for traffic remediation suggestions for that
area.
ITEM *6 AWARD OF BID FOR PAVERS FOR CROSSWALKS DOWNTOWN.
Ms. Macdonald explained the background and stated that she Is
looking for a commitment or lack of commitment to fund the
protect. Mr. Loffredo asked how much Is left In the budget for
pavers. Ms. Macdonald replied $60,000. Ms. Barbara Witte stated
4 Intersections will cost $46,000. Mr. Cook stated that he was
looking for a letter from the County regarding the sub -base
specifications before the Council should proceed. Mr. Spahn
stated that the project is an absolute waste of rare dollars.
Mr. Courtney stated that it Is Important for Miami Shores to have
a better image and this project will improve the looks of the
Shores. He stated that the Council must spend some money to
attract people downtown and to look better. In response to a
question from Mayor Johnson, Ms. Witte stated that the four
proposed Intersections to be repaved would be 97th, 98th, 99th
and 100th Streets. She also spoke about sub -base construction
for pavers. Mr. Loffredo stated that he would like 96th Street
included in the bid and he supports Mr. Courtney's statements.
Ms. Macdonald stated that it would be nice to put funds downtown;
however, the funds are needed for street resurfacing. She
suggested deferring cross walk paving and using the funds for
street resurfacing. Mr. Cook stated that the Council should look
at where the money is needed now and look down the road where it
would be nice to spend it. Mr. Spahn moved to turn down the bids
that were received. Mr. Cook seconded the motion and the vote
was unanimous In favor. Mr. Spahn moved to follow Ms. Macdonald's
recommendations and move the funds from the CIF fund and bid out
resurfacing the streets and not do the pavers at this time. Mr.
Cook seconded the motion and stated that he would like to spend
the funds on the cutbacks In the budget especially manpower. Mr.
Courtney stated that he was opposed to the motion and would like
to see the pavers put In. Mayor Johnson stated that street
resurfacing is very important and that he would like to
eventually do the pavers; however, he said the money is just not
there. Mr. Loffredo stated that he has a problem with the
Village repaving streets then telling the employees it is a bad
year. The vote was taken and Is as follows:
Spahn Yes
Cook Yes
Johnson - Yes
Courtney - No
Loffredo - No
The motion carried.
ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING RECOMMENDATIONS
OF THE AD-HOC COMMITTEE ON DOWNTOWN. Ms. Macdonald reviewed the
Ad -Hoc Committee's recommendations to develop a new Shores
Development Committee. She suggested to the Council that they
charge the Village Manager with developing a marketing and
public relations plan by January 1992. Mr. Courtney stated that
he was concerned with continuity and the effect downtown. Mr.
Spahn spoke about funding the Downtown Revitalization Board (DRB)
protects and that he agrees with the Village Manager's proposal.
Mr. Loffredo stated that some events will be funded by other
departments. Mr. Cook stated that government should not be
involved in promotion of local businesses. Mayor Johnson stated
that he does not want the efforts of DRB to die. He stated that
he concurs with the Village Manager's recommendations.
Mr. Donald Saltzberg: Future Shores Development Committee
will be coming before Council for
funding.
Mr. Charles Parkinson: Endorses the Village Manager's
recommendations.
Mr. John Davies: Stated that without bucks it ain't
gonna get done.
Ms. Brenda Marshall: Spoke about the direction of the DRB
in promoting all of Miami Shores. The
DRB would like to see the work
continued.
Mr. Loffredo stated that he was concerned about the sunset of DRB
and the Implementation of the Konover protect. Ms. Macdonald
stated that the funds will be carried over to next year If the
protect is not completed. Mr. Cook suggested letting the Shores
Development Committee happen. Mr. Courtney stated that the
Council should proceed with the Village Manager's
recommendations. Mayor Johnson stated that he agrees with Ms.
Macdonald's recommendations.
ITEM *8 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, REPEALING
SECTIONS 19-61 THROUGH 19-64 OF THE CODE OF ORDINANCES OF MIAMI
SHORES VILLAGE, FLORIDA; ABOLISHING THE DOWNTOWN REVITALIZATION
BOARD HERETOFORE ESTABLISHED BY ORDINANCE NO. 473-85; PROVIDING
EFFECTIVE DATE. First reading. Mayor Johnson read the caption
of the ordinance. Mr. Spahn suggested that the sunset date be
September 30th and moved adoption with that change. Mr. Courtney
seconded the motion and the vote was unanimous In favor.
ITEM *9 AN ORDINANCE AMENDING SECTION 3-17, SECTION 3-19 AND
SECTION 3-22 OF ARTICLE II, CHAPTER 3 OF THE CODE OF ORDINANCES
OF MIAMI SHORES VILLAGE, FLORIDA; REDEFINING ALARM BUSINESS;
ADDING DEFINITION OF ALARM PERMIT; PROHIBITING ALARM SYSTEMS
WITHOUT PERMIT; ESTABLISHING ALARM PERMIT FEE; PROVIDING MEANS
FOR REVOCATION OF ALARM SYSTEM PERMIT; ESTABLISHING EFFECTIVE
DATE. First reading. Mayor Johnson read the caption of the
ordinance. Ms. Macdonald explained the background and stated
that In no way will this ordinance reduce police response to
alarms. Mr. Cook moved to accept the ordinance. Mr. Spahn
seconded the motion and the vote was as follows:
Cook - Yes
Spahn - Yes
Loffredo - Yes
Johnson - Yes
Courtney - No
The ordlnance passed for first reading.
ITEM *10 AN ORDINANCE AMENDING SUB -PARAGRAPHS (e)(1), (f)(1),
and (g) (1) OF SECTION 6-7, OF THE CODE OF ORDINANCES OF MIAMI
SHORES VILLAGE, PERTAINING TO FEES FOR PLUMBING,ELECTRICAL AND
MECHANICAL PERMITS, RESPECTIVELY, BY INCREASING SAME; ADDING
THERETO PARAGRAPH (I) TO SAID SECTION ESTABLISHING CHARGE FOR
NOTARY SERVICE; PROVIDING FOR EFFECTIVE DATE. First reading.
Mayor Johnson read the caption of the ordinance. Mr. Spahn moved
approval. Mr. Cook seconded the motion and the vote was
unanimous in favor.
ITEM *11 AN ORDINANCE AMENDING SECTIONS 21-31 OF THE CODE OF
ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA BY IMPOSING UTILITY TAX
UPON METERED AND BOTTLED WATER; PROVIDING EFFECTIVE DATE. First
Reading, Mayor Johnson read the caption of the ordlnance. Mr.
Fann stated that a section was Inadvertently omitted. He stated
a Section 4 should be added which will change Section 21-36 which
recites: All reasonable expenses Incurred by a seller In making
the collections and remittances in fulfilling the duties
prescribed by this article is hereby declared to be and to
constitute an operating expense for rendering electric, metered
gas, bottled gas, metered water, bottled water or telephone
service at the Village. Mr. Spahn moved to accept the amendment
of section 21-36 be added to [the ordinance] amending 21-31 and
approval of the ordinance for first reading. Mr. Cook seconded
the motion and the vote was unanimous in favor.
ITEM *12 AN ORDINANCE AMENDING SECTIONS 9-42, 9-43 AND 9-44 OF
THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AND
ADDING SECTION 9-46 THERETO; INCREASING ANNUAL CHARGES FOR WASTE
COLLECTION; INCREASING CHARGE FOR EACH INQUIRY ON WASTE
COLLECTION ACCOUNTS; PROVIDING FOR QUARTERLY PAYMENTS INSTEAD OF
SEMI-ANNUAL PAYMENTS; ELIMINATING GRACE PERIOD; INCREASING CHARGE
FOR RETURNED CHECKS; PROVIDING FOR EFFECTIVE DATE. Final
reading. Mayor Johnson read the caption of the ordinance. Ms.
Macdonald explained why this is an emergency Item only having 1
reading. Mr. Spahn moved to adopt the ordinance on an emergency
basis which would substantially raise the Village's waste
collection fees. Mr. Courtney seconded the motion. Mr. Prospero
Herrera asked about the payment grace period. Mr. Spahn stated
that the residents can now pay quarterly. The vote was unanimous
in favor.
ITEM *13 ANNOUNCEMENTS
Mayor Johnson read the announcements.
ITEM *14 COUNCIL COMMENTS
Mr. Spahn spoke about the good Job performed by the DRB.
Mr. Cook spoke about train whistles and Council passing a
resolution in opposition to the rule change.
Mr. Loffredo stated that he was sorry to see DRB go and that the
building of State School V has been seriously delayed.
ITEM *15 PUBLIC COMMENTS
There were no public comments..
ITEM *16 ADJOURNMENT
The meeting was adjourned at 12:04 am.
Attest: Gall Macdonald
Village Clerk
By:
Scott W. Davis
Deputy Village Clerk
Steven Jenson
Mayor