11-21-1995 Regular MeetingMIAMI SHORES VILLAGE
COUNCIL MEETING
NOVEMBER 21, 1995
The regularly scheduled meeting of the Miami Shores Village Council was held on Tuesday,
November 21, 1995, commencing at 7:32 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.
Mark Ulmer
Lisa Kroboth
PRESENTATIONS
Ms. Kay Spitzer was present to address the status of the Biscayne Kennel Club. Ms. Spitzer
noted that, at present, there are no signed contracts for the either the property or the license. Ms.
Spitzer stated that she hopes the demise of the Biscayne Kennel Club will gain legislative attention
since businesses like the Kennel Club have a substantial economic impact. Ms. Spitzer noted that
the Kennel Club has no debt and is not bankrupt. Mr. Sastre inquired as to the size of the parcel
of land currently occupied by Biscayne Kennel Club. Ms. Spitzer replied that the land is a 42 acre
parcel with 29 acres in Miami Shores Village. Mr. Boyle noted that from a business perspective,
the community needs to realize the economic impact of the possible closing of the Kennel Club.
Ms. Spitzer indicated that 3.8% of the real estate tax base (approximately $77,000) is paid by the
Kennel Club. Other revenue generated for Miami Shores Village by the Kennel Club includes
extra duty for the Miami Shores Police Department, garbage fees and occupational license fees.
Ms. Spitzer spoke of the revenue decline due to Indian gaming and the Lottery. Mr. Heffernan
thanked Ms. Spitzer and asked that she keep the Village informed on the status of Biscayne
Kennel Club.
CONSIDERATIONS
At the request of the Village Manager, Item Number 4A was removed from the agenda. The
Village Attorney requested that Item 4A be replaced with an emergency agenda item, a request to
hold a shade meeting.
ITEM #1 CONSENT AGENDA
Mr. Boyle moved for approval of the Consent Agenda. Mr. Sastre seconded the motion. The
vote was unanimous in favor.
Village Council November 21, 1995 Page 2
ITEM #2
A. POLICE DEPARTMENT Chief Zoovas
REQUEST FOR APPROPRIATION OF FORFEITURE FUNDS.
Mr. Couzzo explained that the request was for advertising for proposals from qualified
contractors on the 9990 NE 2 Avenue building and color prints totaling $421.24. Mr. Boyle
moved for approval for the appropriation of Forfeiture Funds in the amount of $421.24 for the
stated purposes. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor.
ITEM #3 BUILDING & ZONING Frank LuBien
A. REQUEST FOR APPROVAL OF SITE PLAN REVIEW
Shores Square Shopping Center 9005 Biscayne Blvd
Mr. LuBien explained that the item was a request for a single free-standing building in the Shores
Square Shopping Center. Mr. Moroz, the applicant, was also present. Mr. Heffernan asked who
performs an engineering review of the site plan. Mr. LuBien stated that DERM approves the
drainage and the paving. Mr. LuBien noted that the Council should review the location, the
appearance and whether or not the site plan complies with the requirements set forth in the
Village Codes. Mr. LuBien stated the site plan was approved conditionally by the Planning &
Zoning Board. Mr. Heffernan inquired as to what qualitative criteria were used in the qualitative
review of the site plan. Mr. LuBien stated that there were no specific criteria in the Code. Mr.
Imburgia asked if there was a landscape code. Mr. LuBien stated that the minimum standard for
landscaping is consistent with Dade County.
Mr. Ulmer gave a brief overview of the procedure process. He spoke of the factors to be
considered by the Council referring to Section 602 of the Code. He noted that this is a
conceptual site plan. Mr. Heffernan asked if the application was deficient since there is no
landscape plan. Mr. Ulmer stated technically it was. Mr. LuBien noted that the next Planning &
Zoning Board meeting will have the landscape plan and the revisions to the site plan as a
consideration on the agenda. Mr. Couzzo suggested that the Council amend the recommendation
of the Planning & Zoning Board from giving final approval at such time of issuance of a building
permit rather than at issuance of a certificate of occupancy.
Mr. Heffernan stated that there were two functions to be considered. Firstly, the zoning laws do
not address new development, especially commercial development. This should be a
consideration of the Code Review Committee. Secondly, specific criteria should be considered in
reviewing the site plan. He stated the Council should wait for a final approval from the Planning
Village Council November 21, 1995 Page 3
& Zoning Board. Mrs. Ross Agosta expressed concern over left hand turns being made from
both the Shores Shopping Square and the new Walgreens. She noted that there are no turn lanes
on Biscayne Blvd. Mr. Moroz noted that other property owners in the area would like to petition
for a traffic light at the comer of 90 Street and Biscayne Blvd.
Mr. Boyle asked if there would be any delay should Council decide to table the item. Mr. Ulmer
noted that the applicant stated he would not start building until final approval is given. Mr.
Couzzo stated that, if Council decides to send the item back to the Planning & Zoning Board, any
conditions or other items of interest should be brought up now to give the Board specific
direction in their review. Mr. Boyle moved that the item be tabled until a complete application is
submitted. Mr. Sastre seconded the motion and the vote was unanimous in favor.
B. REQUEST FOR APPROVAL OF PLANS FOR EXTERIOR ALTERATIONS.
Dr. Angelo P. Thrower 9838 N.E. 2nd Avenue
Mr. LuBien explained that any changes to the exterior of a building in a commercial district must
be approved by the Planning & Zoning Board and subsequently by the Village Council. Dr.
Thrower would like to open the front entrance of the building for better ingress and egress. Mr.
Heffernan asked if a variance was required. Mr. LuBien stated it was not.
Mr. Heffernan moved for approval of the plans for exterior alterations as submitted. Mrs. Ross
Agosta seconded the motion. The vote was unanimous in favor.
ITEM #4
A. VILLAGE ATTORNEY Mark Ulmer
REQUEST TO HOLD A SHADE MEETING.
Mr. Ulmer stated that there are currently two items pending litigation involving the Village. One
involves the Kurland property and the other is an administrative appeal of the Comprehensive
Land Use Plan by the Biscayne Kennel Club. Mr. Ulmer needs the advice and consultation of the
Council and the Village Manager. Florida Statutes authorize a closed public hearing. At the
conclusion of the litigation, the records of the meeting will become public.
Mr. Heffernan moved that a shade meeting be scheduled for 6:30 P.M. on the next regularly
scheduled Council meeting night. Mr. Sastre seconded the motion and the vote was unanimous in
favor.
Village Council November 21, 1995 Page 4
ITEM #5
A. COUNCILWOMAN MARY ROSS AGOSTA
DISCUSSION AND POSSIBLE ACTION REGARDING MOVING COUNCIL
MEETING START TIME TO 7:00 P.M.
Discussion ensued regarding the Council meeting start time. The item died, as no one Council
member showed interest in changing the start time of the meeting.
ITEM #6 ANNOUNCEMENTS
The Recording Secretary read the announcements.
ITEM #7 PUBLIC COMMENTS
Charles Smith Mr. Smith commended Mr. Heffernan and Mr. Boyle for their position on
the request for Site Plan approval.
Ed Wujciak Mr. Wujciak stated his concerns regarding Biscayne Kennel Club. He also
noted that he had information from Dade County regarding the zoning of
the property that he would distribute to the Council.
Donna Baxter Ms. Baxter announced that the Annual Holiday Concert would be held on
December 9, 1995 and that the Mayor's Ball is scheduled for February 24,
1996.
Michael Maguire Mr. Maguire spoke of town development and the barricades. He
commented on the actions of the Village Council.
Brian Smith Mr. Smith commented on his editorial printed in the Sunday Neighbors.
ITEM #8 COUNCIL COMMENTS
Mary Ross Agosta Mrs. Ross Agosta spoke about the Best of Prime Time and thanked
everyone involved. She noted that, as a newcomer to the Council, she
does check the background of each agenda item so she can make an
informed decision.
Village Council November 21, 1995 Page 5
Cesar Sastre Mr. Sastre announced a service to be held at Radar Methodist Church on
November 22, 1995 involving various clergy from the community.
William Heffernan Mr. Heffernan wished everyone a Happy Thanksgiving. He responded to
the allegations made by Mr. Maguire.
Michael Boyle Mr. Boyle also responded to comments made by Mr. Maguire. Mr. Boyle
noted that he is available to all residents at any time should they have any
issues to discuss. Mr. Boyle announced that Taste of the Shores will be
held on March 24, 1996.
At this time, Mayor Imburgia gave Mr. Maguire a warning for disrupting the Council Meeting.
Mayor Imburgia Mr. Imbugia wished everyone a Happy Thanksgiving. He noted that the
Council has the well being of the Village in their hearts. He stated any
member of the Council can be contacted regarding concerns of the
residents. Mr. Imburgia spoke of the new challenge and new beginning
facing the Village regarding Biscayne Kennel Club. Mr. Imburgia also
addressed the comments made by Mr. Maguire.
Due to his outbursts, Mr. Maguire was escorted out of the Council meeting.
There was additional Public Comment.
Carol Griffin
Ms. Griffin, a 35 year resident of Miami Shores, commended all Village
Council members, both past and present. She also asked to keep the
meeting time for 7:30 P.M.
ITEM #9 ADJOURNMENT
The Council Meeting of November 21, 1995 ws adjourned at 9:45 P.M.
eth A. Kroboth, Recording Secretary
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Louis S. Imburgia, Jr., M