10-06-1992 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
OCTOBER 6, 1992
The regular meeting of the Miami Shores Village Council
was held on October 6, 1992, at the Miami Shores Village Hall
commencing at 7:30 p.m. with the following members present:
Mayor Steven Johnson
Herb Spahn
Henry T. Courtney
Stephen Loffredo
Robert Cook
Also present: Gall Macdonald
William F. Fann
Mr. Hank Gaggstatter presented a plaque to Mr. Brian Scott,
owner of residence at 120 NE 91st Street, which has been
designated as an historic landmark.
ITEM *1 MINUTES
Mr. Loffredo moved approval of the minutes from the Special
Council meeting of 9/8/92, 'the Regular Council Meeting of
9/15/92 and the Final Budget Hearing of 9/22/92. Mr. Spahn
seconded the motions and the votes were unanimous In favor.
Mayor Johnson acknowledged receipt of the minutes from the
following meetings:
Historic Preservation Board 9/21/92
Code Enforcement Board 9/3/92
Planning & Zoning Board 7/23/92
Country Club Advisory Board 7/29/92
ITEM *2 PLANNING AND ZONING ITEM:
Appeal of Planning and Zoning Board decision.
Jimmy and Debbie Mitchell
Mr. LuBien outlined the background and stated that the Mitchells
are represented by Mr. Christopher Kelly. Mr. Kelly asked for a
hardship variance. He provided pictures of adjacent properties.
He spoke about the use of the property and a problem with snakes.
Mr. Courtney stated that he was concerned with the Council
overriding the P&Z Board. Mr. Fann stated that there is no
'hardship other than a financial hardship and that there is no basis
for a variance. Mr. Loffredo stated that there Is a hardship by
virtue of the uniqueness of the shape of the property. Mayor
Johnson stated that it was a unique piece of property. Mr. Spahn
stated that the Council should beware of spot zoning. Mr. Cook
spoke about County mandated green area for property. Mr. Loffredo
suggested tabling the Item to check out the background of
neighboring property. Mr. Fernandez spoke about side setback
requirements and drainage of the property. Mr. LuBien spoke about
the history of the property. Mr. Spahn moved to deny the request
for a variance based on the fact that it does not fit the hardship
criteria. Mr. Courtney seconded the motion and the vote was as
follows:
Courtney - Yes
Spahn - Yes
Cook - Yes
Johnson - Yes
Loffredo - No
The motion carried.
ITEM *3 A RESOLUTION OF THE VILLAGE OF MIAMI SHORES, FLORIDA
CONSENTING TO THE TRANSFER AND ASSIGNMENT OF THE CABLE TELEVISION
FRANCHISE; ACKNOWLEDGING AND CONSENTING TO THE TRANSFER OF
OWNERSHIP OF STOCK; AND ACKNOWLEDGING AND AFFIRMING THAT THE TERMS
AND CONDITIONS OF THE FRANCHISE ARE IN FULL FORCE AND EFFECT. Mayor
Johnson read the caption of the resolution and Ms. Macdonald
reviewed the background. Mr. Tony Bello, from Storer Cable,
explained what the corporate structure will be. Mr.
Courtney moved approval. Mr. Spahn seconded the motion and the
vote was unanimous In favor.
ITEM *4 RESOLUTION DECLARING THE RESULTS OF SPECIAL ELECTION ON
THURSDAY, OCTOBER 1, 1992, ON TWELVE REFERENDUM PROPOSALS FOR
AMENDMENT TO CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES
VILLAGE. Mayor Johnson read the caption of the resolution and Ms.
Macdonald explained the background. Mr. Courtney moved to confirm
the election results. Mr. Loffredo seconded the motion and the
vote was unanimous In favor.
ITEM *5 APPOINTMENT TO MIAMI SHORES BOARDS AND COMMITTEES:
Advisory Board on Handicapped Services
Mr. Cook moved to reappoint the applicants. Mr. Loffredo seconded
the motion and the vote was unanimous In favor. Ms. Fleming and Ms.
Messana were reappointed to the board.
Beautification Advisory Committee
Mr. Spahn requested to defer this Item until the next meeting.
Code Enforcement Board
Ms. Macdonald spoke about term limitations for this board and
stated it was up to the Council whether to limit reappointment. It
was the consensus of Council not to restrict the terms for this
board. Mr. Barry Asmus, Mr. Prospero Herrera and Ms. Stephanie
Morrow spoke on their own behalf. The vote was taken by paper
ballot and is as follows:
Spahn - Asmus, Herrera
Cook - Asmus, Morrow
Courtney - Asmus, Clippinger
Loffredo - Asmus, Herrera
Johnson - Asmus, Herrera
Mr. Asmus and Mr. Herrera were appointed to the Board.
Country Club Advisory Board
Mr. Loffredo moved to reappoint Mr. Harms and Mr. Upthegrove to the
Board. Mr. Cook seconded the motion and the vote was unanimous In
favor.
Fine Arts Commission
Ms. Macdonald stated that membership Is limited to 2 boards at one
time. Mr. Spahn moved to appoint Thomas Beck, Prospero Herrera and
Stephanie Morrow to the Fine Arts Commission. Mr. Loffredo
seconded the motion and the vote was unanimous In favor.
Historic Preservation Board
Ms. Elaine Franck spoke on her own behalf. The vote was taken by
paper ballot and was unanimous for Ms. Franck and Mr. Respondek.
Planning and Zoning Board
Mr. Les Forney and Mr. Daniel Suman spoke on their own behalf. The
vote was taken by paper ballot and was as follows:
Spahn - Forney, Laubenthal
Loffredo - Forney, Laubenthal
Courtney - Forney, Laubenthal
Cook - Laubenthal, Finkelstein
Johnson - Laubenthal, Finkelstein
Mr. Forney and Mr. Laubenthal were appointed to the Board.
Recreation Advisory Committee
Mr. Spahn moved to reappoint the applicants. Mr. Cook seconded the
motion and the vote was unanimous In favor. Mr. Hull, Ms. Rengstl
and Mr. Whittaker were reappointed to the Board.
ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING REMOVAL OF
TEMPORARY BARRICADES ON NW 95TH STREET. Mr. Loffredo explained the
background and suggested modifying the barricade or regarding the
alley. Mr. Benton stated that the cost would be $3,000-$4,000 to
regrade the alley. Ms. Mary Olsen suggested removing the barricade.
Mr. Spahn moved to table the item until the administration comes
back with an alternative solution to help solve the problem. Mr.
Courtney seconded the motion and the vote was unanimous in favor.
ITEM *7 ANNOUNCEMENTS
Mayor Johnson read the announcements.
ITEM *8 PUBLIC COMMENTS
Mr. Clauco Cavaicanti:
Ms. Tudy Lange:
Mr. Warren Von Bittner:
Mr. Prospero Herrera:
Mr. Mike Boyle:
Mr. Ed Harrigan:
Ms. Mary Olsen:
Spoke about
Spoke about
Spoke about
Spoke about
Spoke about
Spoke about
Asked about
barricades.
barricades.
traffic on 96th Street.
the vote on barricades.
ID's for children.
the barricade Issue.
the barricade Issue.
recycling and spoke about
ITEM *9 COUNCIL COMMENTS
Mr. Spahn spoke about the barricade Issue.
Mr. Cook spoke about past Issues In the Village and the barricade
Issue.
Mr. Courtney thanked the people who serve on Miami Shores Boards.
Mr. Loffredo spoke about recycling and the burning of debris at
the Country Club.
Mayor Johnson spoke about the high qualifications of Board
applicants. He also spoke about the speed of traffic through the
Village.
ITEM *1O ADJOURNMENT
The meeting was adjourned at 9:06 p.m.
Attest:Gall Macdonald
Villa •- Clerk
By:
Scott W. Davis
Deputy Village Clerk
Steven/f,6hnson, Mayor