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09-17-1996 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled meeting of the Village Council was held on Tuesday, September 17, 1996, at Village Hall, commencing at 7:45 P.M. with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta ALSO PRESENT: Michael R. Conz7o, Jr. Barbara A. Fugazzi Mildred Ramos-Majoros Mark S. Ulmer Patricia Varney PRESENTATIONS/INTRODUCTIONS State Representative, Beryl Roberts -Burke presented a check for $50,000 to the Council, representing the grant monies for the Shores Performing Arts Theater. Mayor Imburgia thanked Representative Burke and presented her with a gift of appreciation. Ms. Sherry Krubitch, Principal of the Miami Shores Elementary School and Ms. Senetta Carter, Principal of Horace Mann Middle School were introduced and welcomed to the community. Mayor Imburgia called for a brief recess. The Council Meeting reconvened at 8:00 P.M. CONSIDERATIONS The Village Clerk indicated that there was to be an item added to the agenda on an emergency basis. Mrs. Fugaz7i briefly outlined the issue regarding annexation procedures. Mr. Boyle moved to add item to the agenda as Item 5B. Mr. Heffernan seconded the motion and the vote was unanimous in favor. Due to staff considerations, Mr. Heffernan moved to hear Item 5A before the Consent Agenda and to hear Item 5B prior to Item 4A. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #5 VILLAGE MANAGER Michael R. Conm7o, Jr. A. DISCUSSION AND POSSIBLE ACTION REGARDING AUTHORIZING THE VILLAGE MANAGER TO WAIVE CON TRACTUAL PROVISIONS AND ALLOW FOR EARLY PAYMENT OF WITHDRAWAL FOR PCM. Mrs. Varney explained that PCM (Professional Course Management) was looking to draw down their escrow account by 50% at this point in time. Mrs. Varney indicated that per the lease agreement, the withdrawal cannot take place until the "start of the membership year" which is October 1. PCM has undertaken a number of capital projects during the summer which is why they are looking to make the withdrawal prior to the start of the membership year. Mr. Sastre confirmed that the payment would be only two weeks in advance. Mr. Heffernan stated that this has been a practice in the past, with the previous administration not realizing it was not expressly allowed per the lease agreement. Mr. Heffernan moved to authorize the early withdrawal. Mr. Sastre seconded the motion and the vote was unanimous in favor. Mr. Alberto Pozzi, Manager of the Miami Shores Country Club thanked the Council. Discussion regarding whether the lease agreement should be amended, whether Mr. CoRizzo should be authorized to disburse the funds in September of each year, or if PCM should be required to come before the Council if the situation should arise again, ensued. The situation was clarified and understood that the lease agreement should not be amended and PCM would need Council approval for future early withdrawals. ITEM #1 CONSENT AGENDA A. MINUTES Mr. Sastre asked that the Regular Council Meeting Minutes be amended as follows: Item 4A, Paragraph 2 Mr. Sastre asked about $220,000 worth of grant funds .. . during a Council meeting. Mr. Heffernan called attention to the Planning & Zoning Meeting minutes regarding the issue of a Re -Occupancy Ordinance. Mr. Heffernan moved approval of the Consent Agenda. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. ITEM #2 VILLAGE CLERK Barbara Fugazzi A. AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 18 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; MODIFYING CERTAIN DEFINITIONS; ESTABLISHING PROVISIONS FOR PLAN TERMINATION; ESTABLISHING PROVISIONS FOR MAXIMUM PENSION AMOUNTS; ESTABLISHING PROVISIONS FOR DISTRIBUTION OF BENEFITS; ESTABLISHING PROVISIONS FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR AN EFFECTIVE DATE. To be adopted on an emergency basis. Page 2 The Village Clerk read the caption of the Ordinance and indicated that the Plan year begins October 1, 1996, necessitating the Ordinance to be adopted on an emergency basis. Mrs. Varney explained the item, providing more detail as to the reason for the urgency. Mrs. Varney indicated that the proposed amendment would reduce the costs of the Plan to the Village and provide an additional benefit to the employees, as contributions would be pre-tax contributions. Mr. Heffernan moved to adopt the Ordinance on an emergency basis. Mr. Sastre seconded the motion. Mr. Ulmer outlined the changes in the Ordinance. Mr. Heffernan spoke of the differences between a defined contribution and a defined benefit plan. He further spoke of the costs to administer the Village's Pension Plan. Mayor Imburgia called for public comment. Christopher Kelley Mr. Kelley spoke of various plans and the need for IRS approval. It was clarified for Mr. Kelley that the Village was not changing plans by adopting the proposed Ordinance. The vote was taken and the Council was unanimous in favor of adopting the Ordinance. ITEM #3 VILLAGE ATTORNEY Mark S. Ulmer A. REQUEST APPROVAL TO AMEND CONDITIONAL VARIANCE FOR VARIANCE TO RUN WITH LAND AND NOT TO OWNER. Reference Property = Miami Shores Auto Center, 9734 N.E. 2nd Avenue Mr. Ulmer explained the issue before the Council, indicating that there is ambiguity whether a variance or a special use allowance was granted by the Planning & Zoning Board back in 1988. The available records do not clarify the issue. Mr. Ulmer stated that if a variance was granted, the variance cannot be granted to the owner only, but must apply to the property. However, if a special use allowance was granted, it would only apply to the owner of the property. Mr. Ulmer recommended that the Council approve the August 22, 1996 action of the Planning & Zoning Board, deleting the conditional variance applying only to the owner. Mr. Boyle so moved. Mr. Heffernan seconded the motion. Mr. Boyle asked if this was a "housekeeping" issue in Mr. Ulmer's opinion. Mr. Ulmer indicated that Mr. Boyle was correct. Attorney Christopher Kelley was present on behalf of a prospective buyer for the property. He concurred with Mr. Ulmer's comments. Mr. Sastre spoke about the circumstances surrounding whether a variance had been granted versus a special use allowance. Mrs. Ross Agosta asked for clarification regarding the provision for no gasoline sales even if a new owner were to purchase the property. Mr. Ulmer outlined the scenario regarding a new property owner. Mr. Sastre asked for a listing of the current use of the property. Mr. Kelley stated that currently, automotive repairs, including oil changes, brake work, exhaust systems, etc. were being performed. Mr. Kelley stated that there is no body work nor automotive painting being done. Because of a change in the Code of Ordinances, gasoline sales are now prohibited. The vote was taken and was unanimous in favor. Page 3 ITEM #5 VILLAGE MANAGER Michael R. Couz7o, Jr. A. REQUEST TO HAVE COUNCIL DIRECT THE VILLAGE MANAGER TO PROCEED WITH THE APPLICATION PROCESS FOR ANNEXING PORTIONS OF UNINCORPORATED DADE COUNTY. Mrs. Ramos outlined the background for this agenda item. She indicated that due to recent action taken by the Dade County Commission, if the Village wants to move forward with annexing certain areas of Unincorporated Dade County, applications must be submitted within the new couple of weeks. The specific areas to be discussed will be the Kmart commercial corner as well as the Bel Mar Subdivision. Mrs. Ramos indicated that there would be a public hearing on October 1 to comply with the annexation procedures. She further stated that prior to the public hearing, notices need to be mailed to area property owners. Per the annexation procedures, the Council needs to direct the Village Manager to 1) Proceed with the application process for annexing a portion of Unincorporated Dade County and 2) Give written notice to all property owners within the proposed area, according to the tax assessment roll, prior to a public hearing whereby a resolution to initiate municipal boundary changes will be considered by the Village Council. Mrs. Ross Agosta asked why the commercial area east of Biscayne Boulevard was not being included. Mrs. Ramos stated that if the Villager were to look east of the Boulevard, Quayside would be included. Mrs. Ross Agosta further asked what the consequences would be if the property owners choose not to be annexed. Mrs. Ramos stated that the application would not be filed. Mr. Boyle asked for clarification regarding an October 1 Public Hearing date, as it is election day, as well as the normal Council Meeting evening. Mrs. Ramos outlined the County Commission's proposed action which would delay all annexation/incorporation applications for approximately 1 year. Mrs. Ramos stated that the Village had a very short time line in which to complete the application process. Mr. Heffernan stated that if the Council does not take any action this evening, the complete process of attempting to annex any area could be delayed indefinitely. Mr. Couz7o stated that the request for Council direction is a technical/procedural necessity in order to conduct the public hearing. He further stated that an alternate date for the public hearing will be researched. Mr. Sastre deferred to the Manager's office for guidance in this matter. Mr. Sastre then moved to direct the Village Manager to proceed with the application process for annexing specific portions of Unincorporated Dade County and to give written notice to all property owners within the proposed areas to be annexed according to the current tax assessment roll, prior to a public hearing. Mr. Heffernan seconded the motion and the vote was unanimous in favor. Page 4 ITEM #4 PUBLIC WORKS Tom Benton A. DISCUSSION REGARDING DEVELOPMENT OF THE 5 ACRE FIELD LOCATED NORTH OF THE COUNTRY CLUB. Mr. Couz7o and Mr. Benton gave a brief history of the agenda item, indicating that Miami Country Day School had approached the Village regarding the possibility of developing the 5 acre parcel of land north of the Country Club into recreational fields. The proposed development would be shared by both the Village and Miami Country Day. Preliminary drawings and cost estimates were submitted to the Council as information. Mr. Couz7o stated that he was looking for a consensus from the Council as to whether to proceed in the planning process. Mr. Heffernan asked if there has been a precedent set in another municipality regarding this type of venture. Mr. Heffernan posed a number of questions including whether the Village wants or needs Country Day's involvement, and if the Village needs more recreation fields. Mr. Benton indicated that during the winter months when soccer is played, the current fields are fully utilized and there is extensive wear and tear on the grass. Mr. Comm suggested the possibility of a workshop regarding this item. Mr. Heffernan expressed his opinion that the concept is a good idea but that any lighting proposal concerns him. Mrs. Ross Agosta stated that she would like to get some specific demographics to determine future utilization of recreational programming, i.e. number of young families. Additionally, Mrs. Ross Agosta would like to hear from the neighboring residents regarding the proposal. Mrs. Ross Agosta stated that she would not like to see another "swim team" scenario, with questions regarding whose needs are greater being raised. Mr. Sastre agreed with Mrs. Ross Agosta's views and asked Mr. Coi»7o to more thoroughly research items such as Country Day's expectations and requirements. Mr. Boyle stated that the Village has a current "suitor" but would also like to know what Miami Country Day expects to receive for their promised investment of $100,000. Mr. Benton indicated that the feasibility and logistics of items such as who would maintain the fields, the ternis of any agreement, etc. had not been discussed. Resident, and former Village Attorney, William Fann, cautioned the Council regarding the restrictions placed on the parcel of land due to its zoning. Mr. Ulmer responded that he had researched the zoning and applicable land use restrictions. The consensus of the Council was to schedule a future workshop once the Village staff has researched the concerns expressed. Mayor Imburgia asked for public comment. Prospero Herrera Mr. Herrera stated that a traffic and safety study should be conducted. Jim Hurley Mr. Hurley spoke of insurance liability issues inherent in such a joint venture. Page 5 Jack Rengstl Mr. Rengstl spoke about field utilization and his opinion that lights would be a detriment to the community. ITEM #6 ANNOUNCEMENTS: The Village Clerk read the announcements. ITEM #7 PUBLIC COMMENTS Ed Harrigan Mr. Harrigan spoke of the annexation public hearing. Andrew Agosta Mr. Agosta spoke of TCI and the Florida Sports Channel. Scott Galvin Mr. Galvin spoke of the North Miami Jaycees. ITEM #8 COUNCIL COMMENTS Mary Ross Agosta Mrs. Ross Agosta congratulated Mr. Benton and the Village for their quick response following the storm which took place the previous week. She also spoke of the Dive -In Theater recreational event. Cesar Sastre Mr. Sastre also spoke of the response time of the Village. Additionally, Mr. Sastre advised the public of a Marriage Conference taking place at the Baptist Church on October 11 and 12. William Heffernan Mr. Heffernan commented on resident Ed Harrigan's sports jacket. Michael Boyle Mr. Boyle spoke of Barry University's pursuit to purchase the dog track property and of the County's revenue sharing plans. Mayor Imburgia elections. Mayor Imburgia spoke of the importance of voting in the upcoming ITEM #9 ADJOURNMENT The September 17, 1996 Council Meeting was adjourned at 9:35 P. ,(5 Barbara A. Fuga77i,ill• _e '! Page 6 Louis S. Imburgia, Jr., Ma