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04-18-2000 Regular Meeting• MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled meeting of the Miami Shores Village Council was held on Tuesday, April 18, 2000, at the Village Hall, commencing at 7:30 PM with the following members present: PRESENT: Mayor Ulmer Bob Blum Al Davis Steve Loffredo ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney ABSENT: Mary Ross Agosta PRESENTATION • The scheduled presentation by Florida Department of Transportation Representative, Danny Iglesias, did not take place. The presentation will be rescheduled when appropriate. CONSIDERATIONS 1) CONSENT AGENDA Mr. Loffredo indicated that he had a correction to the Minutes and questions regarding the proposed Resolution. Therefore, each item of the Consent Agenda was voted upon separately. A) APPROVAL OF THE APRIL 4, 2000 REGULAR COUNCIL MEETING MINUTES. Mr. Loffredo requested the following amendment to the Minutes, Page 3, Paragraph 3 to read: Council discussion centered ... businesses along that corridor. Mr. Loffredo repeatedly expressed his alarm at the existence of a 20 foot median and the consequent encroachment on the surrounding homes and businesses of 10 feet on each side. Mr. Loffredo then moved approval of the amended Minutes. Mr. Davis seconded the motion and the vote was unanimous in favor. • • • • B) REQUEST APPROVAL FOR FORFEITURE FUND EXPENDITURE S IN THE AMOUNT OF $4,000 TO INFORMED FAMILIES OF MIAMI-DADE COUNTY. Mr. Davis moved approval of the requested expenditure from the Forfeiture Fund Account. Mr. Loffredo seconded the motion and the vote was unanimous in favor. C) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #4 TO THE FISCAL YEAR 1999-2000 OPERATING AND CAPITAL BUDGETS, RECLASSIFYING DEPARTMENTAL BUDGETARY ALLOCATIONS FOR COST -CENTER ACCOUNTING PURPOSES AND APPROPRIATING FUND BALANCE TRANSFERS ACCORDINGLY, PROVIDING FOR AN EFFECTIVE DATE. In response to a request by Mr. Loffredo to clarify the increase in the insurance account, Mr. Malatak reported that the funds had previously been appropriated and were held in reserve. He further stated that the transfer would not negatively effect the Village's Fund Balance balance. Mr. Loffredo moved to adopt the Resolution creating budget amendment #4. Mr. Davis seconded the motion and the vote was unanimous in favor. 2) VILLAGE CLERK Barbara A. Fugazzi A) AN ORDINANCE AMENDING THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, ZONING ORDINANCE, NO. 270, SECTION 300, CLASSES OF DISTRICTS, SECTION 301, ZONING MAP, AND SECTION 400, SCHEDULE OF REGULATIONS, CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 22.98 ACRES LOCATED AT THE NORTHWEST CORNER OF N.W. 112Th TERRACE AND N.W. 2ND AVENUE, FROM S-2, SPECIAL USE - DOG TRACK, TO S-1, SPECIAL USE - COLLEGE, REPEALING ANY AND ALL CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the Caption of the Ordinance and stated that Statutory notice requirements had been met. Mr. Sarafan swore in individuals expected to offer testimony on the rezoning matter. Attorney Cliff Shulman, representing the applicant, Barry University was in attendance. He introduced various other individuals who were present on behalf of the University. Mr. Shulman stated that it was the intent of the applicant to cohesively develop the property as a whole, and that a copy of the signed Declaration in lieu of unity of title, as well as a signed copy of the PILOT (payment in lieu of taxes) agreement had been submitted to Mr. Sarafan. Mr Shulman stated that the original documents would be provided to Mr. Sarafan at the conclusion of the hearing and requested that the Council adopt the Ordinance on second reading. Mr. Sarafan clarified with Mr. Shulman that to the extend otherwise permitted by law, the applicant would have no problem with the Village's ability to rely on the revenue stream under the PILOT Page 2 • • • agreement for purposes of repayment of bonded indebtedness. Mr. Shulman stated that there were no objections to the Village's reliance upon this specific revenue stream. Mr. Loffredo confirmed that the Declaration in lieu of unit of title would be recorded with the County. Mr. Sarafan outlined the need for an additional motion to be voted upon with respect to the Declaration and PILOT agreement. Mr. Shulman requested, and the Council agreed, that recording of the documents would be held in escrow until such time as the 30 day appeal time frame lapsed. Mayor Ulmer opened the floor to Public Comment. There was no one in the audience who wished to speak on this issue. Mr. Davis moved to adopt the Ordinance on the second and final reading. Mr. Loffredo seconded the motion and the vote was unanimous in favor. Mr. Loffredo moved to have the Council accept the Declaration and the PILOT agreement with the provision that the Declaration will be held in escrow for a 30 day period pending receipt of any possible appeals and absent any appeals, the Declaration will be recorded on the 31' day. Mr. Davis seconded the motion and the vote was unanimous in favor. B) APPROVAL TO RESCHEDULE THE JULY 4TH VILLAGE COUNCIL MEETING TO AN ALTERNATE DATE. Ms. Fugazzi offered Wednesday, July 5, 2000 as an alternate date for the first regular Council Meeting in July. Mr. Davis moved to schedule the first July Council Meeting for Wednesday, July 5th. Mr. Blum seconded the motion and the vote was unanimous in favor. 3) VILLAGE MANAGER Tom Benton A) AWARD OF BID FOR ROADWAY PAVING SERVICES TO H & R PAVING IN THE AMOUNT OF $1.90/SQUARE YARD. Mr. Benton outlined the bidding process undertaken by the Administration, indicating that H & R Paving had submitted the low bid. Additionally, Mr. Benton stated that a map had been done showing the first areas to be repaved and indicated that the areas are subject to scheduling changes. Public Works Director, Dave Traill, showed the Council the map and indicated that the paving project would be done in multiple phases, using dollar increments of approximately $75,000. Council discussion centered around the bidding specifications and process, H & R Paving, and the funding source. Mr. Davis moved to award the paving contract to H & R Paving in the amount of $1.90/square yard, appropriating the funds from the Local Option Gas Tax monies. Mr. Blum seconded the motion and the vote was unanimous in favor. 4) ANNOUNCEMENTS The Clerk read the announcements and the Police Chief announced that the Police Department will be conducting another Citizen's Police Academy beginning Thursday, May 18, 2000. Page 3 • 5) PUBLIC COMMENTS Artie Speigel Mr. Speigel spoke about his candidacy for circuit court judge. 6) COUNCIL COMMENTS Al Davis Mr. Davis wished everyone a Happy Easter and Passover. Steve Loffredo "Ditto" - Mr. Loffredo also invited everyone to the Marshmallow Drop on Saturday, April 22nd Bob Blum Mr. Blum spoke about the Marshmallow Drop. Mayor Ulmer "Ditto" - Mayor Ulmer spoke about the citizen's police academy and the recent mayors meeting with Alex Penelas. 7) ADJOURNMENT The April 18, 2000 Council Meeting was adjourned at 8:05 PM. Mark S. Ulmer, Mayor Barbara A. 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