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12-05-1995 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING DECEMBER 5, 1995 The regularly scheduled Miami Shores Village Council Meeting was held on Tuesday, December 5, 1995, commencing at 7:55 P.M. with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle Mary Ross Agosta ALSO PRESENT: Michael R. Couz7o, Jr. Mark Ulmer Barbara Fugazzi ABSENT: William Heffernan CONSIDERATIONS ITEM #1 CONSENT AGENDA A. MINUTES B. REQUEST TO AWARD BID FOR UPGRADING VILLAGE HALL COMPUTER SYSTEM TO INFORMATION SERVICES GROUP IN THE AMOUNT OF $29, 877.00. C. REQUEST TO AUTHORIZE APPROPRIATION OF FUNDS FOR FIELD HOUSE REST AREA RENOVATION IN THE AMOUNT OF $10,880.00. D. REQUEST FOR AUTHORIZATION TO EXECUTE MUTUAL AID AGREEMENT BETWEEN THE CITY OF HIALEAH AND VILLAGE OF MIAMI SHORES POLICE DEPARTMENTS. Mr. Boyle moved to approve the Consent Agenda. Mr. Sastre seconded the motion and the vote was unanimous in favor. Mr. Boyle moved to add the two items which were discussed at the Council Workshop and in the Executive Session to the Agenda as emergency items. DISCUSSION AND POSSIBLE ACTION REGARDING STATUS OF LITIGATION - 969 N.E. 92ND STREET DISCUSSION AND POSSIBLE ACTION REGARDING ADMINISTRATIVE APPEAL OF BISCAYNE KENNEL CLUB PROPERTY AS IT RELATES TO THE MIAMI SHORES COMPREHENSIVE PLAN. Mr. Sastre seconded the motion and the vote was unanimous in favor. Mr. Couz7o stated that as representative from the Biscayne Kennel Club were present, the item regarding the Kennel Club should be the next item on the Agenda. The Council agreed. ITEM #2 Al. DISCUSSION AND POSSIBLE ACTION REGARDING ADMINISTRATIVE APPEAL OF BISCAYNE KENNEL CLUB PROPERTY AS IT RELATES TO THE MIAMI SHORES COMPREHENSIVE PLAN. Mr. Boyle briefly explained for the benefit of the public, the proposal discussed at the Council Workshop. Subsequent to Mr. Ulmer's recommendation, Mr. Boyle moved to authorize the Village Manager to seek bids from planners for the purpose of reviewing the settlement proposals that have been made and to report back to the Council at the January 2, 1996 meeting; and to authorize the Village Attorney to file a motion in the administrative proceedings to seek an additional continuance. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. A2. DISCUSSION AND POSSIBLE ACTION REGARDING STATUS OF LITIGATION - 969 N.E. 92ND STREET Mr. Ulmer outlined the status of pending litigation on the Kurland property. Mr. Ulmer recommended that the Council authorize the Village Manager and Village Attorney to finalize settlement of the pending lawsuit with Mr. Kurland which would involve a dismissal with prejudice, all litigation, general releases of all the defendants including the Village and named individuals. The proposed settlement is for the Village to pay $100,000 to Mr. Kurland in settlement of all claims for compensation, damages, costs, attorneys fees and any other claims or damages whatsoever of any kind and in exchange, Mr. Kurland will dismiss the suits, issue releases, and convey the title to the Village, unencumbered by any liens, except those imposed by the Village. Mr. Boyle moved to adopt the recommendations of Mr. Ulmer and to further authorize additional funds for the demolition and clearing of the lot, not to exceed $7,500, from the Contingency Fund. Mr. Sastre seconded and the vote was unanimous in favor. Page 2 A3. REQUEST FOR APPROPRIATION OF FORFEITURE FUNDS. Chief Zoovas explained that he is recommending that the Council authorize the purchase of a motor vehicle to be used by the Mobile Patrol. Mr. Sastre moved approval to appropriate forfeiture funds to purchase a vehicle as outlined. Mrs. Ross Agosta seconded the motion. Mrs. Ross Agosta questioned the Chief regarding cellular telephones. Chief Zoovas indicated that the present number of cellular phones in use will be maintained, either through the current contract with Metro-Dade/Cellular One, or through outright purchase. Mr. Boyle expressed his concerns regarding the marking of the vehicle, stating the vehicle should not look too much like a police vehicle for the safety of the mobile patrollers. Chief Zoovas indicated that he and Mr. Couzzo are working on the design of the vehicle. The vote was called and was unanimous in favor. ITEM #3 BUILDING & ZONING Frank LuBien A. REQUEST FOR APPROVAL OF SITE PLAN REVIEW. Shores Square Shopping Center 9005 Biscayne Boulevard Mr. LuBien explained that the landscaping site plan and ingress/egress issues were presented for the Council's consideration. Mr. Boyle asked if the presented information completes the site plan approval process. Mr. LuBien indicated that the Council now has reviewed the complete site plan. Mr. Boyle moved approval of the site plan as presented, with the stipulation that prior to a Certificate of Occupancy being issued, the 1,000 foot spacing requirement be met. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. Discussion regarding signage ensued. It was determined that Mr. Moroz understands that separate approval is necessary for signage. ITEM #4 COUNCILMAN Michael Boyle A. DISCUSSION AND POSSIBLE ACTION REGARDING APPROPRIATING $500.00 TO THE FLORIDA INTERNATIONAL UNIVERSITY, NORTH CAMPUS, CONFERENCE CENTER. Mr. Boyle reminded the Council of Ms. Elaine Gordon's presentation regarding the Conference Center. Mr. Boyle stated that the Conference Center will be used by people from all parts of the Country and World, and Mr. Boyle believes that a donation is in order. Mr. Boyle moved to appropriate $500.00 from the Council account as a donation for a seat within the Conference Center. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #5 ANNOUNCEMENTS The Clerk read the announcements. Mayor Imburgia read a letter from Michael Couz7o to Sister Jeanne, congratulating Barry University on their success in winning the NCAA Division II Women's Volleyball tournament. Page 3 ITEM #6 PUBLIC COMMENT Charles Smith Thanked the Council for their decision regarding the 969 N.E. 92nd Street Property. Michael Maguire Spoke of the barricades. Loretta Olson Wished everyone a Merry Christmas and Happy New Year. Mark Ulmer spoke of the procedure regarding the Council's Executive Session. Edward Harrigan Spoke of the privileged between the Council and the Attorney. ITEM #7 COUNCIL COMMENT Mary Ross Agosta Wished everyone a happy holiday season and reminded people to drive the speed limit. Cesar Sastre Invited everyone to attend the Annual Tree Lighting Ceremony at the Recreation Fields. Michael Boyle Spoke about the community spirit and all the activities planned for the holidays. Mayor Imburgia Wished everyone a happy and healthy holiday. ITEM #8 ADJOURNMENT The December 5, 1995 Council Meeting was adjourned at 8:38 P.M. Page 4 A/61 Louis S. Imburgia, Jr., Mayo