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09-05-1995 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING SEPTEMBER 5, 1995 The regular meeting of the Miami Shores Village Council was held on September 5, 1995 at the Village Hall commencing at 7:05 P.M. with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta ALSO PRESENT: Michael R. Couzzo, Jr. William Fann Barbara Fugazzi PRESENTATION: Mayor Imburgia presented Ms. Gail Rice with a Proclamation for winning the 28.5 mile Manhattan Island Marathon Swim. CONSIDERATIONS: 1. CONSENT AGENDA A. MINUTES B. APPROVAL OF BUDGET TRANSFERS Mr. Heffernan moved approval of the Consent Agenda. Mr. Sastre seconded the motion and the vote was unanimous in favor. 2. VILLAGE CLERK Barbara Fugazzi A. AN ORDINANCE AMENDING THE 1989 MIAMI SHORES COMPREHENSIVE PLAN, TO INCLUDE 1995 EVALUATION AND APPRAISAL REPORT, PREPARED BY ROBERT K. SWARTHOUT, INC., COMPRISED OF VOLUME 1 SETTING FORTH EFFECT OF STATUTE AND RULE CHANGES; SUMMARY OF TRENDS AND CONDITIONS; AND ACHIEVEMENT OF OBJECTIVES AND IMPLEMENTATION OF POLICIES; AND VOLUME 2 THEREOF BEING A SUMMARY OF CONDITIONS AT TIME OF ADOPTION AND CONDITIONS AT TIME OF SAID REPORT. First Reading Mr. Robert K. Swarthout, City Planner, was present at the meeting. Mr. Swarthout gave a brief outline of the State mandated evaluation and appraisal process. In conducting the evaluation, Mr. Swarthout does not see a need for any major changes in the Comprehensive Plan. Mr. Heffernan asked who had reviewed the changes. Mr. Couzzo stated that senior staff has looked at the proposed changes. Mr. Boyle moved to adopt the Ordinance amending the 1989 Miami Shores Comprehensive Plan on the first reading. Resident, Michael Maguire, was removed from the meeting after being warned about creating a public disturbance during a public meeting. Mr. Sastre seconded Mr. Boyle's motion. Mayor Imburgia called for comments from the audience. There were no comments offered. The vote was taken and was unanimous in favor. 3. PUBLIC WORKS Tom Benton A. AWARD OF BID FOR RE -ROOFING PUBLIC WORKS DEPARTMENT, VEHICLE MAINTENANCE BUILDING. Mr. Benton indicated that the low bidder, JSK International, had withdrawn the bid due to the unavailability of originally quoted materials (4 x 10 plywood sheets). Tongue and groove plywood will be used as a replacement to the 4 x 10 plywood sheets. Mr. Benton asked that the Council award the bid to Met Construction, who had been the second low bidder at $33,589. This price includes the use of the tongue and groove material. Mayor Imburgia asked if the 4 x 10 plywood sheets would be available in the future. Mr. Benton stated that availability is uncertain and the condition of the roof is such that the job cannot be delayed. Mr. Heffernan asked if this is a project for FY95 or FY96. Mr. Benton stated the project is budgeted in the current fiscal year (FY95). Mrs. Ross Agosta asked why there were monies in the salary budget to make up the budgetary short -fall for the roof. Mr. Benton indicated that the Motor Pool had been understaffed for a number of months, but the problem resolved. Mr. Heffernan moved to award the bid to Met Construction. Mr. Boyle seconded the motion and the vote was unanimous in favor. B. DISCUSSION AND POSSIBLE ACTION REGARDING ADOPTION OF THE STORMWATER BUDGET. Mr. Benton indicated that Dade County requires that a copy of the Council approved, Stormwater Utilities Budget be on file with their offices. Mr. Heffernan asked if the submitted budget is for the next fiscal year. Mr. Benton stated that it was a FY96 budget. Mr. Sastre asked for clarification on the Stormwater fees. Mr. Benton stated that the fee is charged on a quarterly basis, through Dade County Water billings. Mayor Imburgia asked about the line item within the proposed budget for Biscayne Bay clean-up. Mr. Benton outlined the background of this item, indicating that Dade County no longer will clean up the Bay. Mr. Heffernan asked if the proposed budget is "cast in stone". Mr. Benton stated that if changes are necessary, monies can be shifted within the Stormwater budget. Mr. Sastre moved approval of the Stormwater Utilities Budget as submitted. Mr. Boyle seconded the motion and the vote was unanimous in favor. Page 2 ITEM #4 DISCUSSION OF THE ROLE OF VARIOUS ADVISORY COMMITTEES Councilman Michael H. Boyle Mr. Boyle outlined the reasons for his placing the above item on the agenda. He indicated that with Committee and Board appointments to be made during the month of October, he believed it was useful to discuss the purpose of the various Boards and Committees. He stated that one of his concerns is that the Council appoints volunteers to the Boards and Committees and then does not hear back from them. He expressed his belief that there is a reservoir of talent within the community and that the Village is not taking full advantage of the talent. Mr. Boyle questioned the need to continue with a Country Club Advisory Committee, for instance, when the Club is being run by Professional Course Management. He further stated that certain Boards, such as the Personnel Appeals Board, are necessary but do not meet because there are no personnel appeals. Mr. Fann stated that many of the Boards and Committees are in existence to satisfy various laws. Mr. Sastre quoted from Section 19-22 of the Village Code of Ordinances which states that the Planning & Zoning Board shall report to the Village Council on or before July 1 of each year. He stated that the Council had not received such a report. Mr. Fann stated that to his knowledge the Board has never formally reported to the Council. Mr. Heffernan asked if there would be a problem receiving a report if the Council wanted to receive one. Mr. Fann stated that the Village Manager could handle the reporting. Mr. Heffernan stated that the Boards and Committees submit minutes of the meetings to the Council, which are helpful. Mr. Boyle stated that the minutes are good but minutes do not capture the flavor of the meeting. Mr. Heffernan suggested that the Village Manager look at each Board and Committee and provide the Council with his recommendations regarding reports to the Council. Mr. Boyle stated he would like to have the Manager's recommendations prior to October 3, 1995. ITEM #5 DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST TO AMEND ZONING ORDINANCE NO. 270 TO ALLOW FOR VIDEO SALES AND RENTALS. Mr. Couzzo stated that this item was not being sponsored by Councilman Heffernan. He stated that the item was before the Council at the request of the Planning & Zoning Board, who had been approached regarding amending the Zoning Ordinance. Mr. Fann stated that Planning & Zoning wished to receive feedback from the Council whether or not the Council wanted Planning & Zoning to move forward on the request. Mr. Heffernan stated that there has been lots of discussion on the item, both at the Planning & Zoning Board meetings and among the residents. Mr. Heffernan outlined the proposal to amend the Code to allow for the sale and/or rental of videos, which the current Code does not permit. Mr. Heffernan further stated that if the Council wants the Code amended, an Amended Ordinance should be drafted and brought to Council for the first and second readings. If the Council does not feel the Code should be amended, this should be the end of the issue. Mr. Heffernan stated that he has received a lot of positive feedback from the community, wishing to allow Blockbuster Video to open a store here in the Shores. He believes that an amended ordinance can be drafted which would protect, as much as Page 3 possible, the residential environment of the Village. Mr. Fann stated that the question before the Council from Planning & Zoning is if the Council wishes Planning & Zoning to continue the process. Mr. Heffernan asked Mr. Fann whether the Council can change the law if that is their desire. Mr. Fann stated the Council could change the current Code. Mr. Heffernan suggested that the Council entertain public comment on the issue. Chris Cutro Ms. B. Camp Mr. Cutro was present representing the property owners as their Land Planner Consultant. He stated that they were looking for a text amendment not specifically for Blockbuster, although Blockbuster is the interested party. He further stated that the Ordinance could be amended which would Spoke in favor of allowing Blockbuster to open a store. She gave Coral Gables as an example of a municipality with stringent zoning regulations, who has been successful in keeping out adult material stores. She stated that it is a shame that if you want to buy a book, rent a video or go to a nice restaurant, you need to go outside the Shores. Donna Baxter Mrs. Baxter stated that the Council and community should look at what will happen if the Village does not adapt to the proposed changes, indicating that the Village needs to change in order to enhance the community. She stated that the Council should not take a fearful approach. Mr. Sastre asked about the proposed Blockbuster lease, specifically security and lighting. Mr. Cutro stated that although those items will be addressed, there is no formal petition as yet before either Planning & Zoning or the Council. Therefore, details have not been discussed. Mr. Cutro stated that there are a number of items which could be written into the amendment which would alleviate concerns regarding adult material. Ed Harrigan Dottie Yates Mr. Harrigan spoke of possible negative sides of amending the Ordinance to allow video sales and rentals and the question of parking. Mrs. Yates asked about the survey which the Marketing Director was conducting in reference to the proposal. Additionally, she stated that she did not believe that parking was going to be an issue. She believes that the Village should give people an opportunity to shop within Miami Shores. Bill Kelly Mr. Kelly spoke about the obscenity laws. Page 4 Boroz Moroz Mr. Moroz, the property owner, wished to remind the Council that Blockbuster approached him to lease the space. Mr. Moroz addressed some of the concerns of the Council, i.e., adult businesses, security, lighting and parking. Further discussion regarding the suitability of Blockbuster Video as a tenant ensued. Additionally, reasons why Miami Shores Village would not attract adult type businesses were discussed. It was the consensus of the Council to have the Village Manager use whatever resources necessary in order to draft an amendment to Ordinance No. 270 to bring before the Council for a first reading at the October 3, 1995 Council Meeting. ITEM #6 VILLAGE MANAGER Michael R. Couzzo, Jr. A. DISCUSSION AND POSSIBLE ACTION REGARDING THE APPOINTMENT OF A CODE REVIEW SUB -COMMITTEE. Mr. Couzzo explained the request for appointing a sub -committee to the Planning & Zoning Board. Cliff Walters, Chairman of the Planning & Zoning Board was present and spoke regarding the need for other individual's expertise. Mr. Heffernan moved to appoint a Code Review Sub -Committee as proposed. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #7 ANNOUNCEMENTS The Clerk read the announcements. ITEM #8 PUBLIC COMMENT Charles Smith Mr. Smith expressed his thanks for people's attendance at the recent ceremony recognizing the first historically designated home on the west side of Miami Shores Village. ITEM #9 COUNCIL COMMENTS Mary Ross Agosta Mrs. Ross Agosta spoke about October being National Courtesy Month and asked everyone to drive within the speed limit. Additionally, she congratulated the Miami Shores Police Department for their outstanding work on a recent incident. Cesar Sastre No comment. Page 5 William Heffernan Urged residents to come forward regarding their thoughts on Blockbuster Video. Michael Boyle Expressed his appreciation to the residents in the audience for their attendance. Mayor Imburgia Stressed the importance of the Council members hearing from residents on issues. ITEM #10 ADJOURNMENT The September 5, 1995 Council Meeting was adjourned at 9:05 P.M. • -4, Barbara A. Fugazzi, Village Cler. Page 6 J. Louis S. Imburgia, Jr., Mayor