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06-16-1992 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JUNE 16, 1992 The regular meeting of the Miami Shores Village Council was held on June 16, 1992, at the Miami Shores Village Hall commencing at 7:37 p.m. with the following members present: Mayor Steven Johnson Henry T. Courtney Herb Spahn Stephen Loffredo Robert Cook Also present: Gall Macdonald William F. Fann ITEM *1 MINUTES Mr. Courtney moved approval of the minutes from the 6/2/92 Regular Council meeting. Mr. Loffredo seconded the motion and the vote was unanimous In favor. Mr. Loffredo moved approval of the minutes from the 6/9/92 Council Workshop meeting. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mayor Johnson acknowledged receipt of the minutes from the following meetings: Recreation Advisory Board 5/11/92 Fine Arts Commission 5/12/92 Pension Board 5/21/92 Code Enforcement Board 6/4/92 Planning and Zoning Board 5/14/92, 5/28/92 ITEM *2 PLANNING AND ZONING ITEM: a. Request for approval of variance to permit fiberglass shingle roof. James Barco Mr. Lubien introduced the Item and described the roof. He stated that the P&Z board approved the Item unanimously. Mr. Spahn moved approval. Mr. Loffredo seconded the motion and the vote was unanimous In favor. b. Request for variance continuance by Dade County School Board. Ms. Macdonald stated that action first needs to be taken by the P&Z Board. The Item was sent back to the P&Z Board for action. ITEM *3 APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES. Ms. Macdonald introduced the Item and stated that there Is one application from Vivian Johnson. Due to Ms. Johnson's absence no action was taken and the Item was deferred until the next meeting. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST BY MIAMI SHORES CONDOMINIUM ASSOCIATION TO CLOSE ALLEY BETWEEN 90TH STREET AND 91ST TERRACE. Ms. Macdonald introduced the Item. She stated that the alley Is a part of the parking lot for the back of the building. She recommended approval of the request. Mr. Courtney moved approval. Mr. Loffredo seconded the motion and the vote was unanimous in favor. ITEM *5 PUBLIC HEARING ON PROPOSED RELOCATION OF FIRE STATION. Ms. Macdonald Introduced the Item and Chief PauIIson from the Dade County Fire Department outlined his search for alternate locations for the Fire Department other than 95th Street and NE 2nd Avenue. He stated that the preference of the County Is to locate the fire station In Miami Shores. Mayor Johnson outlined his reasons for his opposition to the 95th Street location for the station. Mr. Spahn stated that the Village should go ahead and proceed. Mr. Loffredo stated that the Fire Department has investigated other locations and that In these economic times he supports the Department's request. Mr. Courtney stated that he was in favor of the Fire Department locating at the corner of 95th and NE 2nd. The Council expressed majority approval for the proposed location. ITEM 6 REQUEST BY RESIDENTS TO APPROVE AS TO FORM PETITION QUESTIONS. Ms. Macdonald Introduced the Item and stated that there are emergency Items to be considered under this heading. Mr. Spahn moved to place 4 petition questions on the agenda as emergency items. Mr. Spahn described the locations for the proposed street closings for each petition. Mr. Loffredo seconded the motion and the vote was unanimous In favor. Ms. Macdonald outlined the requirements for the number of signatures and asked that the petition questions be discussed Individually. Mr. Spahn asked Mr. Fann If the petitioners can place a shortened form as a heading as an Introduction on the petitions. Mr. Fann responded that they could If they wanted to do It. Mayor Johnson asked If the ballot will be the same as the petition forms. Mr. Fann replied that he would devise a brief summary of each proposition. Mr. Fann stated that the form of the motion should be that: The petition of John Doe for the closure of some street be approved. Mr. Cook asked Mr. Fann If the petitions are In the correct form. Mr. Fann responded yes. REQUEST BY WARREN VON BITTNER: a. SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE EAST SIDE OF NORTH MIAMI AVENUE ON EACH STREET, EXCEPT N.E. 95 STREET, N.E. 103 STREET, NE. 110 STREET AND N.E. 111 STREET, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE; FURTHER PROVIDING THAT SAID LOCATIONS FOR STREET CLOSURE DEVICES BE SUBMITTED TO DADE COUNTY FOR APPROVAL, AS PROVIDED BY LAW, AND UPON APPROVAL, THAT STREET CLOSURE DEVICES BE ERECTED AT SAID LOCATIONS WITHOUT DELAY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND EFFECTIVE DATE. Mr. Von Bittner described his petition question. Mr. Loffredo moved that the petition of Mr. Von Bittner for the closure of the East side of N. Miami Avenue at each street except NE 95th, 103rd 110th and 111th Streets be approved as to form. Mr. Spahn seconded the motion and the vote was unanimous In favor. REQUEST BY TUDY LANGE: b. SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT A STREET CLOSURE DEVICE LOCATED ON THE SOUTH SIDE OF N.E. 95 STREET AT N.E. 1 AVENUE IS DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE; FURTHER PROVIDING SPECIFIED LOCATIONS FOR STREET CLOSURE DEVICES BE SUBMITTED TO DADE COUNTY FOR APPROVAL, AS PROVIDED BY LAW, AND UPON APPROVAL, THAT STREET CLOSURE DEVICES BE ERECTED AT SAID LOCATIONS WITHOUT DELAY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND EFFECTIVE DATE. Ms. Lange withdrew her request. REQUEST BY JANET SILVAGNI: c. SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT A STREET CLOSURE DEVICE LOCATED ON THE SOUTH SIDE OF N.E. 103 STREET AT N.E. 1 AVENUE IS DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE; FURTHER PROVIDING SPECIFIED LOCATIONS FOR STREET CLOSURE DEVICES BE SUBMITTED TO DADE COUNTY FOR APPROVAL, AS PROVIDED BY LAW, AND UPON APPROVAL, THAT STREET CLOSURE DEVICES BE ERECTED AT SAID LOCATIONS WITHOUT DELAY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND EFFECTIVE DATE. Ms. Siivagni described her petition question. Mr. Courtney moved that the petition of Ms. Sllvagni for a street closure on the South side of NE 103rd Street at NE 1st Avenue be approved as to form. Mr. Spahn seconded the motion and the vote was unanimous In favor. THREE REQUESTS BY MARY GOODENOW: d. SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT A STREET CLOSURE DEVICE IS FOUND TO BE NECESSARY, REASONABLE AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE ON THE EAST SIDE OF N.E. 2 AVENUE AT N.E. 104 STREET, CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. Ms. Goodenow described her three petition questions. Mr. Loffredo asked Ms. Goodenow to incorporate Item *f in her other questions. •Mr. Von Bittner explained why it Is separate. Mr. Fann stated that the petitions should not change. Ms. Goodenow stated that she will Incorporate *f Into *d and *e. Mr. Loffredo moved approval as to form the petition of Ms. Goodenow that there be a closure erected at the East side of NE 2nd Avenue and NE 104th Street with the enabling clause Included therein as stated In her subsection f which Is now Incorporated Into Item *d. Mr. Spahn seconded the motion and the vote was unanimous In favor. e. SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT A STREET CLOSURE DEVICE IS FOUND TO BE NECESSARY, REASONABLE AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE ON THE NORTH SIDE OF N.E. 103 STREET AT N.E. 3 AVENUE, CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. Mr. Loffredo moved approval as to the petition of Mary Goodenow as to the street closure at NE 103rd Street at NE 3rd Avenue on the North side thereof with the incorporation therein of the enabling provision specified In *f as she stated with the understanding that *f Is independently withdrawn. Mr. Courtney seconded the motion and the vote was unanimous In favor. f. SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT STREET CLOSURE DEVICES FOUND TO BE NECESSARY, REASONABLE AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE BE SUBMITTED TO DADE COUNTY FOR APPROVAL, AS PROVIDED BY LAW, AND UPON APPROVAL BE ERECTED WITHOUT DELAY, CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. Ms. Goodenow withdrew her request for this petition question. REQUEST BY MIKE WESTON: g. SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V TO PROVIDE THAT THE STREET CLOSURE DEVICE ON THE WEST SIDE OF N.E. 6TH AVENUE AND 95TH STREET IS DECLARED A THREAT TO PUBLIC SAFETY, IS UNREASONABLE AND UNNECESSARY, AND IS NOT IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. FURTHER PROVIDED THAT SAID STREET CLOSURE DEVICE AT THE WEST SIDE OF N.E. 6TH AVENUE AND 95TH STREET BE IMMEDIATELY REMOVED, AS PROVIDED BY LAW; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND EFFECTIVE DATE. Mr. Weston reviewed his petition question. Mr. Courtney moved to approve as to form the petition submitted by Mr. Mike Weston on behalf of the 96th Street neighbors group to remove the street closure device on the West side of NE 6th Avenue at 95th Street. Mr. Spahn seconded the motion and the vote was unanimous In favor. EMERGENCY ITEM *1 REQUEST BY LORI WILLENBORG AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE EAST SIDE OF N.E. 2 AVENUE (SET BACK TO THE EAST SIDE OF THE ADJACENT NORTH/SOUTH ALLEY), ON EACH STREET NORTH OF N.E. 95 STREET AND SOUTH OF N.E. 103 STREET, EXCEPT N.E. 96 STREET AND N.E. 100 STREET, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. Ms. Willenborg described her petition question. Mr. Courtney moved to approve the initiatory petition submitted by Lori Willenborg proposing an ordinance for street closures on each street on the East side of NE 2nd Avenue North of 95th Street and South of 103rd except 96th and 100th Streets. Mr. Spahn seconded the motion and the vote was unanimous in favor. EMERGENCY ITEM *2 REQUEST BY RICHARD VERNER AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE WEST SIDE OF N.E. 2 AVENUE, ON EACH STREET SOUTH OF N.E. 95 STREET, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. Mr. Verner described his petition question. Mr. Courtney moved to approve the Initiatory petition submitted by Mr. Richard Verner proposing ordinance for street closures on each street on the West side of NE 2nd Avenue South of 95th Street. Mr. Spahn seconded the motion and the vote was unanimous In favor. EMERGENCY ITEM *3 REQUEST BY KATHY IMBURGIA. AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT A STREET CLOSURE DEVICE LOCATED AT THE BOUNDARY OF MIAMI SHORES VILLAGE ON N.E. 5 AVENUE, SOUTH OF N.E. 91 STREET, IS DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF SHORES VILLAGE. Ms. Imburgia described her petition question. Mr. Courtney moved to approve the Initiatory petition submitted by Kathy Imburgia proposing ordinance for street closure at the boundary of the Village on NE 5th Avenue South of 91st Street. Mr. Spahn seconded the motion and the vote was unanimous In favor. EMERGENCY ITEM *4 REQUEST BY WARREN VON BITTNER AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE WEST SIDE OF N.E. 6 AVENUE, ON EACH STREET OR AVENUE ROAD SOUTH OF N.E. 103 STREET, EXCEPT N.E. 89 STREET, N.E. 96 STREET, AND GRAND CONCOURSE, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. Mr. Von Bittner described his petition. Mr. Courtney moved to approve the Initiatory petition submitted by Mr. Warren Von Bittner proposing ordinance for street closures on the West side of NE 6th Avenue South of 103rd except 89th and 96th Streets and Grand Concourse. Mr. Spahn seconded the motion and the vote was unanimous In favor. Mr. Loffredo explained how the petition process works. ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING COUNCIL RATIFICATION OF RETIREE HEALTH BENEFIT ADDENDUM TO THE PBA CONTRACT. Ms. Macdonald Introduced the Item and explained that the Union and the Village negotiated a $100 per month retiree health benefit to be funded equally by the Village and by the police officers. She stated that it has been ratified by the police officers and requires ratification by the Council. Mr. Loffredo moved to ratify the retiree health addendum to the PBA contract. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *8 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE MIAMI SHORES PENSION PLAN; CREATING A NEW SECTION 18-505, MIAMI SHORES VILLAGE CODE, "DISABILITY BENEFITS FOR POLICE OFFICERS"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Second and Final Reading. Mayor Johnson read the caption of the ordinance. Ms. Macdonald explained the ordinance and recommended approval. Mr. Courtney moved approval. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *9 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *11 PUBLIC COMMENTS Mr. Cliff Walters: Mr. Jim Condit: Mr. Mike Boyle: Mr. Mark Sell: Ms. Jean Blum: Spoke about the fire house issue and the declining tax base. Asked about the petitions discussed tonight. Spoke about the petitions and registered voters. Spoke about petitions and how wasteful the plan Is. Asked if there Is going to be a public hearing on the fire station. ITEM *10 COUNCIL COMMENTS Mr. Spahn spoke about the fire station and that the loss of taxes should not be overplayed. Mr. Courtney spoke about Miami Herald article coming up. Mr. Loffredo spoke about SPATS group vaudeville show. ITEM *12 ADJOURNMENT The meeting was adjourned at 9:08 p.m. Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk Steven Jo, son, Mayor