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01-19-1999 Regular Meeting• • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JANUARY 19, 1999 The regular meeting of the Village Council took place on Tuesday, January 19, 1999 in Council Chamber, commencing at 7:30 p.m. with the following members present: PRESENT: Mayor Agosta Louis Imburgia Stephen Loffredo Cesar Sastre ALSO PRESENT: Tom Benton, Village Manager Richard Sarafan, Village Attorney PRESENTATIONS. The presentation by Mayor Agosta to former Councilman Michael Boyle was postponed to a later date as Mr. Boyle was unable to attend tonight's meeting. CONSIDERATIONS 1. MEETING MINUTES A. APPROVAL OF THE JANUARY 5, 1999 REGULAR COUNCIL MEETING MINUTES. Mr. Sastre moved for approval of the minutes as submitted. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 2. PLANNING & ZONING A. APPEAL OF A DECISION BY THE PLANNING & ZONING BOARD DENYING THE REQUEST TO PERMIT FENCES 1N EXCESS OF HEIGHT LIMITATION. Luis Biancalana 931 NE 93th Street Mr. LuBien referred to the site plan provided with the back-up which indicate that two lots abut the side property line of the lot in question. As such, the Planning & Zoning Board allowed a 5 ft. fence on this perimeter. However, the owner is requesting that the 5 ft. height continue along the front yard portion of the property which was denied by the Planning & Zoning Board due to the Code restriction of 3 '/z feet for front yard fences. Mr. Loffredo inquired as to the height requested being 5 ft. around the entire perimeter of the property. Mr. LuBien confirmed that it was. • • Council Meeting January 19, 1999 Page 2 Mr. Sarafan indicated that there was a technical defect with the application according to Section 800 of the Code. Before an appeal can be considered, a statement must be made as to why the Board's decision was unreasonable. The applicant's letter did not cite any. Maria Biancalana was present on her own behalf. She stated that the 3 '/2 foot fence would not be as aesthetically pleasing and would look inconsistent with the rest of the fence. The smaller fence would not allow full utilization of the property by the Biancalana's guard dogs as the majority of grassy area is in the front yard. Mr. Sarafan reminded the Council that the application was for a hardship variance and certain criteria must be met for this to be granted. Mr. Loffredo expressed his concern in setting a precedent as this is not the only unique property in 1Vliami Shores. After further discussion about possible solutions to the request, Mr. Sarafan reminded the Council that this is only a consideration of an appeal of the Planning & Zoning Board decision. Mr. Sastre moved that the appeal be denied with a second from Mr. Loffredo. Mr. Loffredo invited the applicant to work with the Building & Zoning Director to obtain other solutions. The vote was unanimous in favor. 3. VILLAGE MANAGER A. A RESOLUTION OF MIAMI SHORES VILLAGE, FLORIDA AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT WITH OTHER GOVERNMENTAL UNITS WHICH HAVE CREATED THE FLORIDA MUNICIPAL LOAN COUNCIL, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $3,200,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN ErrbCTIVE DATE. Mr. Benton explained that the resolution would allow the Village to enter into an interlocal agreement through the Florida League of Cities in order to obtain financing for the new aquatics facility. Mr. Mike Madden, Director of Financial Services for the Florida League was present to further explain the resolution. He stated that the Florida Municipal Loan Council originated from three municipalities. The Loan Council takes the aggregate demand using pooling mechanisms to reach economies of scale. There are many benefits in entering into such an agreement which include various funding sources and variable terms. The application process is handled by the Florida League. Although there are certain minimum requirements, the convenience and minimal closing costs (1 'h% of Bond issue to cost of issuance, but not greater than 2%) allow for more flexibility. • Council Meeting January 19, 1999 Page 3 Mr. Sarafan inquired if other cities were participating in the revenue bond. Mr. Madded replied that Miami Shores was the first city to have a general obligation debt. Mr. Sastre moved to pass the resolution. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 3. B. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 270 OF THE CODE OF ORDINANCES BY ADDING A SECTION TO BE NUMBERED 504.2 ADDRESSING TEMPORARY POLITICAL SIGNS AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading) Mr. Benton described the proposed ordinance as it refers to political signs. With upcoming elections, Mr. Benton indicated that the ordinance would help to monitor political signs. Mayor Agosta inquired of Mr. Sarafan as to addressing loudspeakers which are often used in campaigning. Mr. Sarafan suggested that issue be addressed in the noise ordinance Further discussion ensued with reference to past practice regarding size and placement. It was suggested that the 5th paragraph of the ordinance which reads "No temporary political sign shall be placed within five feet of any easement of the property upon which the sign is located. No temporary political sign shall be located within ten feet of the edge of the pavement. Temporary political signs shall be located solely on the property side of the sidewalk if there is a sidewalk." be deleted. • Mr. Sarafan stated that political signs may not be prohibited. Mr. Loffredo suggested that past practice be followed insofar as the placement of political signs. Mr. Benton stated that he would confer with the Village Attorney to amend the current verbage of paragraph 5. It was the consensus of the Council to amend the ordinance between the first and second reading. Mr. Loffredo moved to approve the ordinance subject to the proposed amendment. Mr. Sastre seconded the motion and the vote was unanimous in favor. 4. VILLAGE COUNCIL A. DISCUSSION AND POSSIBLE ACTION REGARDING EXTENDING THE EXISTING SUBDIVISION WALL AND FENCE IN THE O'DELL SECTION OF MIAMI SHORES. Stephen Loffredo Mr. Loffredo spoke of the concerns of residents in the O'Dell subdivision. Due to the accessibility of the area, it has become a target for undesirables. After further describing the area, Mr. Loffredo asked that the wall on NW rd Avenue be extended to NW Y' Avenue in conjunction with a fence being erected at the barricade on NW r Avenue and 93 Street. This would enclose the area offering more protection and less accessability. Mr. Sastre noted that there is a clear and present danger and concurred that the wall is necessary. • • Council Meeting January 19, 1999 Page 4 Mr. Loffredo moved that the Council authorize the Village Manager to extend the existing wall on 95 Street from NW 2nd Avenue to NW 3`d Avenue at a height of 5 '/2 feet to include demolishing the side steps on both sides of the wall, creating an artificial post ending on 2nd Avenue for aesthetic harmony and erecting a fence on the NW 3rd Avenue and 93`d Street barricade. Mr. Sastre seconded the motion. As cost is a factor in this proposal, Mr. Benton had preliminary estimates for the work available based on a wall 625 linear feet. He indicated that the approximate cost of a CBS block wall would be $125 per running foot with a total cost of $78,000 or a wrought iron fence costing $38 per running foot totaling $24,000. However, these estimates were for an 8 foot fence. Mr. Imburgia suggested that a prefabricated wall would be less expensive and an estimate should be obtained. Discussion regarding the height of the wall ensued. Mr. Sastre asked if a 5 1/2 foot fence would be high enough to keep out undesirables. Mr. Imburgia considered the possible height of 8 feet. It was the consensus of the Council to pass a resolution instructing the Village Manager to obtain proposals to present to Council. Mr. Loffredo withdrew his original motion and Mr. Sastre withdrew the second. Mr. Loffredo then moved that the Council authorize the Village Manager to secure bids on preliminary site work for both a 6 foot and 8 foot masonry wall from the sign on 95 Street to NW 2°d Avenue in addition to 40 adding a fence to the barricade on NW 3'd Avenue and 93 Street. Mr. Sastre seconded the motion. Mayor Agosta allowed public comment on this issue at this time providing each speaker with a five minute time limit. Dorothea Myrick Area in need of assistance with undesirable element. William Driver Mr. Driver spoke of the loitering and graffiti problem. He noted that the removal of the steps should eliminate the problem. Brian Sloan Mr. Sloan offered his appreciation for the Council's help. Dorothea Myrick Spoke of the graffiti problem. Based on the resident's comments, Mr. Loffredo amended his motion to include the erection of a fence on the barricade from NW 93`d Street extended to NW 92°d Street. Mr. Sastre seconded the motion and the vote was unanimous in favor. • Council Meeting January 19, 1999 Page 5 • 4. B. DISCUSSION AND POSSIBLE ACTION REGARDING THE APPOINTMENT OF A NEW COUNCIL MEMBER TO SERVE ON THE VILLAGE COUNCIL UNTIL THE APRIL 13, 1999 FT.F.CTION. Cesar Sastre • Mr. Sastre referred to the Village Charter regarding the vacant Council seat left as a result of the resignation of Mr. Boyle. It was suggested that each Councilperson recommend a potential candidate to fill the vacancy. The following residents were recommended for the vacancy: Mr. Sastre: Spero Canton, Mark Ulmer, Alice Burch Becky Leonard and Jack Rengstl were also suggested, however declined. Mr. Loffredo: Mr. Imburgia: Mayor Agosta: Herb Spahn, Prospero Herrerra Spero Canton and Mark Ulmer Bill Heffernan was also recommended, however, declined. Stated that her recommendations were already included in the above pool. Mayor Agosta indicated that there was a list of five (5) candidates. She asked that each candidate say a few words on their own behalf. Alice Burch: Ms. Burch stated she was qualified and interested in good government. Spero Canton: Mr. Canton spoke of his qualifications. Prospero Herrera: Mr. Herrera gave a brief background on his qualifications. Herb Spahn: Mr. Spahn spoke of his previous tenure on the Council as well as his strong financial background. Mark Ulmer: Mr. Ulmer spoke of his previous representation as Village Attorney. A vote was taken with the following results: Mr. Loffredo voted for Mr. Herrera; Mr. Sastre voted for Mr. Ulmer; Mr. Imburgia voted for Mr. Canton and Mayor Agosta voted for Mr. Ulmer. It was the Village Attorney's interpretation of the Village Charter that a majority vote would call for a 3-1 vote. A second vote was taken with the following results: Mr. Loffredo voted for Mr. Spahn; Mr. Sastre voted for Mr. Ulmer; Mr. Imburgia voted for Mr. Canton and Mayor Agosta voted for Mr. Ulmer. A third vote was taken with the following results: Mr. Loffredo voted for Mr. Spahr; Mr. Sastre voted for Mr. Ulmer; Mr. Imburgia voted for Mr. Canton and Mayor Agosta voted for Mr. Ulmer. Council Meeting January 19, 1999 Page 6 • A fourth vote was taken with the following results: Mr. Loffredo voted for Mr. Canton; Mr. Sastre • voted for Mr. Ulmer, Mr. Imburgia voted for Mr. Canton and Mayor Agosta voted for Mr. Ulmer. Due to the deadlock, an eleven minute recess was taken. A fifth vote was taken with the following results: Mr. Loffredo voted for Mr. Canton; Mr. Sastre voted for Mr. Ulmer, Mr. Imburgia voted for Mr. Canton and Mayor Agosta voted for Mr. Ulmer. A sixth vote was taken with the following results: Mr. Loffredo voted for Mr. Canton; Mr. Sastre voted for Mr. Ulmer, Mr. Imburgia voted for Mr. Canton and Mayor Agosta voted for Mr. Spahn. Mr. Ulmer withdrew his name from the potential candidates. A seventh vote was taken with the following results: Mr. Loffredo voted for Mr. Spahn; Mr. Sastre voted for Mr. Spahn; Mr. Imburgia voted for Mr. Canton and Mayor Agosta voted for Mr. Spahn. Mr. Spahn was appointed to the vacant Council seat by a majority of the votes and was immediately sworn in. He took his place on the dias. At this time, Mr. Sarafan indicated that the floor should be opened to public comment for the first reading of the political sign ordinance. The Mayor allowed public comment on the political sign ordinance only. Mark Ulmer Spoke of other governmental agencies that passed such ordinances recently. He suggested that a bond requirement and a permit application be filed. 5. ANNOUNCEMENTS 6. PUBLIC COMMENT Andrew Agosta Invited everyone to the Fine Arts Commission's "Artist's on View" Abbie Salt Spoke on two issues regarding the proposed guard gate: the use of comparables and property values. Alice Burch Spoke of special taxing districts for the proposed guard gate. Mark Ulmer Spoke of the proposed guard gate and the potential crime problem. Leon Newman Spoke of the Mobile Crime Watch and the guard gate. t • Council Meeting 7. COUNCIL COMMENTS January 19, 1999 Page 7 Steve Loffredo Mr. Loffredo acknowledged the distinguished group of candidates for the Council vacancy and thanked them for their participation. He also spoke of the guard gate and possible solutions. Cesar Sastre Mr. Sastre welcomed Mr. Spahr and thanked the other candidates. He invited everyone to Unity Day. Lou Imburgia Mr. Imburgia spoke of the misrepresentations and perceptions regarding the guard gate issue. Herb Spahr Mr. Spahn thanked the Council for their support. Mayor Agosta Mayor Agosta spoke of the guard gate issue at the last meeting. She heeded Mr. Diamond's parting words of optimism. Mayor Agosta invited residents to attend CPR classes at the Community Center. She asked for participation in a 5K walk to benefit heart disease. Mayor Agosta invited residents to enjoy fellow resident, Kathy Martin, at the Library's celebration. She thanked all the candidates for participating. 8. ADJOURNMENT The January 19, 1999 Council Meeting was adjourned at 10:05 p.m. Mary Ross Agosta, Mayor al Elizabeth A. Kroboth, Recording Secretary