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07-07-1992 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JULY 7, 1992 The regular meeting of the Miami Shores Village Council was held on July 7, 1992, at the Miami Shores Village Hall commencing at 7:35 p.m. with the following members present: Mayor Steven Johnson Herb Spahn Stephen Loffredo Robert Cook Also present: Gall Macdonald William F. Fann Absent: Henry T. Courtney Mayor Johnson presented "NATIONAL NIGHT OUT" proclamation to Crime Watch Coordinator Candy Larson. Mayor Johnson presented Certificate Of Appreciation to Mr. Tom Beck for his restoration work at Bayfront Park. ITEM *1 MINUTES Mr. Cook moved approval of the minutes from the 6/16/92 Regular Council meeting. Mr. Spahn seconded the motion and the vote was unanimous In favor. Mayor Johnson acknowledged receipt of the minutes from the following meeting: Planning and Zoning Board 6/11/92 ITEM *2 PLANNING AND ZONING ITEM: a. Request for variance continuance by Dade County School Board. Mr. Lubien Introduced the Item and stated that the P&Z Board dented the request. Ms. Carol Cortez made a presentation regarding the request for a continuance of the variance. She also discussed the opening of State School V. Mr. Loffredo asked how many students are at Miami Shores Elementary. Ms. Cortez responded that there are 290 at Barry and 1300 at the main site. Mr. Spahn asked what would happen If the variance was not continued. Ms. Cortez replied that the kids would go to neighboring schools. She stated that there Is no room at the main site for 290 more students. Mr. Spahn moved to extend the expiration date of the existing variance until August 21, 1993. Mr. Loffredo seconded the motion. Mr. Cook stated that he was not in favor of displacing students and proposed not continuing the variance and forego enforcement until August 1993. Mr. Fann recommended that the Council act on the request for a variance and not get Involved In not enforcing Miami Shores laws. Mayor Johnson stated that for the record Barry University Is requesting the variance and was In attendance at the meeting. The vote was taken and was unanimous In favor. ITEM *3 APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES. Ms. Macdonald Introduced the Item and stated that there Is one 5 year term and two applicants. Ms. Johnson spoke on her own behalf. Mr. Tlrreli spoke on behalf of his wife Ms. Norris- Tlrreil. The vote was taken by paper ballot and was unanimous In favor of Ms. Norris-Tlrreli with Mr. Loffredo abstaining due to his business relationship with the Tirrells. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING DONATION OF SURPLUS POLICE VEHICLE TO THE POLICE ACADEMY. Ms. Macdonald Introduced the Item and recommended that the Council support the Chief's request for the donation. Mr. Cook moved approval. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *5 REQUEST FOR APPROVAL FOR SERVICE STATION AID TO PERFORM COST CONTAINMENT ASSESSMENT REPORTS ON POLICE DEPARTMENT AND PUBLIC WORKS FUEL TANK SITES. Ms. Macdonald Introduced the Item and recommended that the Council authorize appropriating the following funding: $15,119 from the Police Forfeiture Fund for the Police Department site. $3,000 interest earnings from the Capital Improvement Fund for the Public Works site. Mr. Spahn suggested waiting until the end of the month to see If funds are available from other sources and not use the capital Improvement fund. Mr. Loffredo and Mr. Cook agreed with Mr. Spahn not to use the Capital Improvement Fund. Mr. Spahn moved to authorize the waver of bid procedures and approve the engagement of Service Station Aid to commence work on both the Miami Shores Police Department and Public Works sites. Mr. Loffredo seconded the motion and the vote was unanimous In favor. Mr. Spahn moved to authorize the appropriation of $15,119 from the Police Forfeiture Fund in order to pay for the first containment assessment report. Mr. Loffredo seconded the motion and the vote was unanimous in favor. Mr. Spahn suggested delaying until the first meeting In August the appropriation of the additional $3500. ITEM *8 REQUEST BY RESIDENTS TO APPROVE AS TO FORM PETITION QUESTIONS. Ms. Macdonald Introduced the Item and Mr. Cook asked Mr. Fann if the petition questions are In the proper form. Mr. Fann replied that they were in the proper form. a. REQUEST BY SAM GRIFFITH: 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, 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; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND EFFECTIVE DATE. Mr. Griffith described his petition question. Mr. Loffredo moved to approve agenda Item 6.A as to form. Mr. Spahn seconded the motion and the vote was unanimous In favor. b. REQUEST BY PATRICIA GISPERT 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 ON THE EAST SIDE OF N.E. 2 AVENUE (SET BACK TO THE EAST SIDE OF THE ADJACENT NORTH/SOUTH ALLEY), ON N.E. 100 STREET, IS DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. Ms. Gispert described her petition question. Mr. Loffredo moved to approve agenda item 6.b as to form. Mr. Spahn seconded the motion and the vote was unanimous In favor. c. REQUEST BY JANET OETTING 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 ON THE EAST SIDE OF N.E. 2 AVENUE AT N.E. 105 STREET IS DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. Ms Oetting described her petition question. Mr. Spahn moved to approve agenda Item 6.c as to form. Mr. Cook seconded the motion and the vote was unanimous In favor. d. REQUEST BY JANET OETTING 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. 6 AVENUE, ON EACH STREET OR AVENUE ROAD SOUTH OF N.E. 103 STREET AND NORTH OF N.E. 96 STREET, EXCEPT GRAND CONCOURSE, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. Ms. Oetting described her second petition question. Mr. Loffredo moved to approve agenda Item 6.d as to form. Mr. Spahn seconded the motion and the vote was unanimous In favor. Mr. Cook moved to place an emergency Item on the agenda: A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA OPPOSING THE ENACTMENT OF A DADE COUNTY ORDINANCE REDUCING THE VILLAGE SHARE OF CABLE TELEVISION FRANCHISE FEES. Mr. Spahn seconded the motion and the vote was unanimous In favor. Ms. Macdonald described the resolution and explained the background. Mr. Cook moved to pass the resolution of the Village Council of Miami Shores Village, Florida opposing the enactment of a Dade County ordlnance reducing the Village share of cable television franchise fees. Mr. Loffredo seconded the motion and the vote was unanimous In favor. Item number 8 was considered next. ITEM *8 REQUEST FOR APPROVAL TO RETAIN MANAGEMENT ADVANTAGE CORPORATION TO CONDUCT A COMPLIANCE AUDIT OF FRANCHISE FEE AND MUNICIPAL PUBLIC SERVICE TAX PAYMENTS. Ms. Macdonald explained the background and stated that the audits would Include FP&L, Southern Bell and Storer Cable. She recommended that the Council authorize the Village Manager to engage Management Advantage Corporation in order to conduct compliance audits of the specified utility providers. Mr. Loffredo stated that with the way the contract Is written the Village may have to pay for the service before the Village receives any revenue. Ms. Macdonald stated that it was her understanding that no fees will be paid until the Village receives the funds. Mr. Fann stated that the contract should be rewritten to make It clear. Mr. Cook moved to allow the Village Manager to go forward with the request as long as the contract language Is cleared up and the points that Mr. Loffredo brought up are clarified. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING THE REQUEST FROM RESIDENTS FOR TRAFFIC REMEDIATION TO 96TH STREET WEST OF 6TH AVENUE. Ms. Macdonald Introduced the Item and stated that the beautification package proposed would cost $45,000. She stated that she Is not In favor of spending $45,000 without a traffic engineering study at a cost of $8,500. Mayor Johnson suggested performing a comprehensive traffic study on the main thoroughfares in the Village. Mr. Ford stated that the suggestions proposed from his group are without the benefit of professional guidance. Mr. Cook suggested going back to David Plummer and Assoc. to get a different price quote for a study. He described a solution to a traffic problem In Keystone Heights. Mr. Spahn stated that the Village should know what it wants to accomplish before a study Is commissioned. Mr. Loffredo stated that he was in favor of going back to Plummer and Assoc. or having them come to report to the Council. Mr. Loffredo suggested eliminating truck traffic on 96th Street per Item *2 on Mr. Benton's memo to Gall Macdonald dated June 25th. Discussion also ensued regarding *8 on Mr. Benton's memo concerning changing the name of 96th Street to Shoreland Boulevard. Ms. Macdonald suggested deferring any action for 3 more Council meetings when the petitions will be back and the Council will know what areas must be studied. Mr. Mike Weston spoke about the budget workshops and appropriating of funds for the study. Mr. Cook explained that the funds are from the street closure funds and that the funds are available. Mr. Cook moved to proceed with Item numbers 2 and 8 on Mr. Benton's memo *823, to Gall Macdonald, dated June 25 1992, Subject: 96th Street West Traffic Remediation. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *9 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *10 PUBLIC COMMENTS Thirteen residents spoke about the street closure program. ITEM *11 COUNCIL COMMENTS Mr. Spahn spoke about street closures, the reduction In crime and the budget hearings. Mr. Cook spoke about mini buses and the fire station. Mr. Loffredo spoke about little league and the condition in other areas of the County. Mayor Johnson apologized for losing his temper at tonights meeting and about working on the Council. ITEM *12 ADJOURNMENT The meeting was adjourned at 10:04 p.m. Steven Jo sotai, Mayor Attest: Gall Macdonald Village Clerk By: — Scott W. Davis Deputy Village Clerk