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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