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05-16-2000 Regular Meeting• • • MIANII SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled meeting of the Village Council took place on Tuesday, May 16, 2000 at the Village Hall commencing at 7:40 PM with the following members present: PRESENT: Mayor Ulmer Bob Blum Al Davis Steve Loffredo ALSO PRESENT: Tom Benton, Village Manager Lisa Keeley, Recording Secretary Richard Sarafan, Village Attorney PRESENTATION Judge Taylor presented to the Village an American Flag which has been flown over the Capitol Building. Mayor Ulmer presented a Proclamation in honor of National Public Works Week. CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Fugazzi A) APPROVAL OF THE MAY 2, 2000 REGULAR COUNCIL MEETING MINUTES. Mr. Blum moved to approve the Minutes as submitted. Mr. Loffredo seconded the motion and the vote was unanimous in favor. B) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 6.7 OF THE CODE OF ORDINANCES BY ADDING A SECTION TO BE NUMBERED 6.7 (d)(17) ADDRESSING PERMITTING FEES FOR CONSTRUCTION ON/WITHIN VILLAGE PROPERTY RIGHT-OF-WAYS, AND UTILITY OR OTHER EASEMENTS; PROVIDING FOR AN EFFECTIVE DATE. Second and Final Reading The Recording Secretary read the caption of the Ordinance. Mr. Loffredo moved approval of the Ordinance on second reading. Mr. Blum seconded the motion. Mayor Ulmer opened the floor to Public Comment. • • Sharon Leadman Ms. Leadman indicated that she is an attorney and represents BellSouth. She spoke of the proposed permit fees and the distinction between public and private easements. Mayor Ulmer and Mr. Sarafan clarified some of the comments made by Ms. Leadman and definitions as outlined in the proposed Ordinance. Mayor Ulmer closed Public Comment and called for a vote. The vote was unanimous in favor. C) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES BY ADDING A SECTION TO BE NUMBERED ARTICLE III, SECTION 22.60, REGARDING TELECOMMUNICATIONS FRANCHISING FOR USE OF THE PUBLIC RIGHT-OF-WAY; ESTABLISHING REQUIREMENTS AND CONDITIONS UPON THE USE OF PUBLIC RIGHTS-OF-WAY BY SUCH ENTITIES; ESTABLISHING PROCEDURES FOR PROTECTING THE PUBLIC INTEREST IN SUCH FRANCHISES; PROVIDING FOR COMPLIANCE, PROVIDING FOR RESERVATION OF AUTHORITY; PROVIDING FOR NO WAIVER; PROVIDING FOR NO CONTRACT; PROVIDING FOR SERVICE TO THE VILLAGE, PROVIDING FOR EXISTING FRANCHISES AND LICENSES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR AN EFFECTIVE DATE. Second & Final Reading The Recording Secretary read the caption of the Ordinance. Mr. Loffredo moved approval on second reading. Mr. Blum seconded the motion. Mr. Sarafan provided the Council and those in attendance with information regarding the negotiation meetings and that proposed amendments have been suggested to the Ordinance. Mr. Sarafan indicated that the amendments are as provided in the document before the Council. Mr. Sarafan then marked the document as the first revised version of the Ordinance Mr. Loffredo amended his original motion to move approval of the first revised version as marked and filed with the Recording Secretary. Mr. Blum seconded the motion. Mayor Ulmer proposed additional, minor amendments which he outlined. Mr. Blum moved to accept Mayor Ulmer's proposed amendments. Mr. Loffredo seconded the motion. Mayor Ulmer opened the floor for Public Comment. Barbara Hall Attorney for Greenberg Taurig, representing TCG South Florida/AT&T. Ms. Hall reiterated the items that were discussed during the negotiation meeting which took place on May 15th• Ms. Hall spoke about the possible impact of State Legislation on the Ordinance. Ms. Hall then, point by point, advised the Council of her concerns with the Ordinance. Various Council Members and Mr. Sarafan spoke to a number of Ms. Hall's concerns. Page 2 • • Jana Lhota Attorney with Holland & Knight representing MetroMedia Fiber Network. Ms. Lhota stated that many of her concerns with the Ordinance are similar to those expressed by Ms. Hall. Ms. Lhota also spoke of the new Simplified Tax legislation. Ms. Lhota spoke of the exemption of certain information from Chapter 119 and indicated that she would like to see the information contained within the Ordinance. Mayor Ulmer asked for clarification on various points of Ms. Lhota's comments. Mr. Loffredo indicated that due to the competitiveness of the business, he thought the Village would be negligent if the Council did not adopt an Ordinance which will provide some restrictions and regulations on the telecommunication companies who may choose use the rights-of-way. Sharon Leadman Ms. Leadman is with BellSouth. Ms. Leadman pointed out some typographical errors. Ms. Leadman expressed her concern regarding Mayor Ulmer's amendment regarding right-of-way maintenance responsibility by the Village. Ms. Leadman also spoke of her other concerns regarding the Ordinance which had been discussed during the negotiation meeting. During the course of reporting the typographical errors, it was noted that the Council and the industry representatives were not working from the same draft version. Mr. Sarafan explained that the differences were minor and did not change the intent of the Ordinance. Council Members and Mr. Sarafan discussed the concerns expressed by Ms. Leadman. Ms. Leadman requested that the Council consider amending Section 4.5 to add "facilities based" to the language. Special Counsel, Allison Hift, spoke to the issue of the proposed amendment. She recommended against the additional change as proposed by Ms. Leadman. Mr. Sarafan indicated that a number of the proposed issues are semantic in nature and that the proposed Ordinance is very clear on what the Ordinance will and will not regulate. Ms. Lhota spoke again to the Council regarding a concern she did not raise before and called attention to the State Statute 337.401 and its provisions. Mr. Sarafan provided the Recording Secretary with the two versions of the proposed Ordinance, correctly marked, and with the amendments. Mr. Blum and Mr. Loffredo withdrew their earlier motions. Mr. Loffredo subsequently moved to adopt the Ordinance on second reading as amended with the revisions proposed and taken from the floor. Mr. Blum seconded the motion. Mayor Ulmer closed Public Comment. The vote was unanimous in favor. Mayor Ulmer recessed the meeting at 9:00 PM and reconvened the meeting at 9:08 PM. 2) VILLAGE COUNCIL A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, ENCOURAGING THE MIAMI-DADE COUNTY, METROPOLITAN PLANNING ORGANIZATION TO FUND THE RECONSTRUCTION OF N.E. SECOND AVENUE WITHIN THE VILLAGE LIMITS IN FISCAL YEAR 20002/2003. Page 3 The Recording Secretary read the caption of the Resolution. Mayor Ulmer indicated that he has sponsored the Resolution and provided background information on the issue. Mayor Ulmer then moved to adopt the Resolution. Mr. Davis seconded the motion. Mr. Blum concurred with Mayor Ulmer's reason for proposing the Resolution and suggested a minor amendment to Section 1 to reflect planning & design subject to the Village's review. Mr. Loffredo suggested that the amendment be included in Section 2 rather than Section 1. Mr. Benton provided alternate language "seek consensus with..." rather than "input". Mayor Ulmer opened the floor for Public Comment. No one present wished to speak on the issue. Mayor Ulmer and Mr. Davis accepted the modifications to the Resolution. The vote was called and was unanimous in favor. B) DISCUSSION REGARDING AESTHETICS/DESIGN STANDARDS FOR N.E. 21''D AVENUE. Mr. Freeman offered comments regarding the proposed work plan (processes) as they relate to the recommendations of the Task Force regarding N.E. 2nd Avenue. Subsequent to a request to elaborate on the statement "staff to resolve septic tank issue", Mr. Freeman provided his thoughts on how the Council could proceed with investigating the septic/sewer issue, for example a study which would provide the facts and figures, what can and can't be done, etc. relating to septic systems. Mr. Freeman suggested that a determination on what can be serviced by a septic system in the downtown area, as well as a marketing study are important. He indicated that design standards may already have been completed by a Downtown Revitalization Board back in 1991. Discussion regarding whether or not the information was ever adopted, circulated and/or implemented ensued. Mr. Benton stated that the Village's Planning & Zoning Director, Al Berg is currently working on updating the design standards. Former Mayor, Spero Canton spoke regarding the activities of the Downtown Revitalization Board. Mayor Ulmer stated that he would like to hear comments from each Council Member. Mayor Ulmer Bob Blum • Stated that he would not like to see major character changes to Second Avenue, i.e. changing it over to an entertainment district. Mayor Ulmer then spoke of sewers and how they might impact the use of Second Avenue. He expressed his opinion that too much emphasis has been placed on sewers. He stated that the rebuilding of Second Avenue is critical, regardless of how many lanes are ultimately constructed. Mayor Ulmer spoke of Lake Park. He would like to see aesthetic/design standards established for the downtown facades, to take the place of the current hodge-podge of buildings. Mr. Blum concurred with Mayor Ulmer, stating that he is not interested in changing the character of Miami Shores, but feels that change is inevitable and feels that it is important for the Council to drive the change, rather than allow the change to just happen to the Village. Mr. Blum expressed his feeling that a consultant should be hired to conduct a marketing survey. He stated that upon completion of the study, the Village would have information regarding what kinds of businesses are best suited for the Page 4 • • Al Davis Steve Loffredo Village. Mr. Blum stated that the type of suggested businesses will drive the change - from whether the roadway should be 2 or 4 lanes, whether it should be a pedestrian roadway or a vehicles roadway, colors, signage, etc. In relation to sewers, Mr. Blum feels that they are a necessity to the Village. Mr. Blum stated that the "showstoppers" are all related to money. He said that other municipalities have figured out how to fund the projects and feels that the Village should commit to either implement the design charrette proposals or not, and if so, figure out how to pay for it. Regarding the number of lanes on Second Avenue, Mr. Blum feels that a marketing study would enable the Village to choose the best scenario for the roadway based on proposed uses. Mr. Davis stated that the discussion of sewers has been around for a long time and that he has spoken to the majority of property owners along Second Avenue who have indicated that they are not in favor of sewers that they would have to pay for. Mr. Davis stated that the Village cannot afford to put sewers in without funding assistance. Mr. Davis expressed his feeling that consumers, either for shopping or dining, will not come to Miami Shores, and the necessary investment to install sewers would not see a return on the investment. He stated that he is not opposed to beautification of the Shores and believes that the roadway reconstruction should be completed first. Mr. Davis indicated that he is not sure what a marketing survey will ultimately accomplish. Mr. Loffredo offered comments regarding the Downtown Revitalization Board and that marketing studies have been done. He says that currently, people should look at the study completed for the Theater for an analysis of the market area. Mr. Loffredo stated that he would not like to see Second Avenue turned into a Lincoln Road, i.e. nightclubs. Mr. Loffredo spoke about the Theater, the possibility of a Barnes & Noble Bookstore, and sidewalk cafes which should be encouraged. Mr. Loffredo commented on a past proposal to install a low density, low pressure sewer line which would have run in the alleys. The problem arose because of the existing water lines. Mr. Loffredo indicated however, that he believes the County will be installing new water lines. Mr. Loffredo offered his opinion that these types of things are what the Council should be looking at. Mayor Ulmer opened the floor to Public Comment. Spero Canton Mr. Canton spoke about sewers, a marketing study, the need for public funding and Second Avenue's need for an "anchor" store. Michael Boyle Mr. Boyle spoke about his personal experience in trying to operate a retail business/restaurant business in the downtown area. Page 5 • T. F. Chambers Spoke about the Village's street sweeper, downtown sidewalks and signage. Lew Soli Spoke about where the Village goes with the Design Charrette proposals. Spero Canton Mr. Canton addressed the comments made by Michael Boyle with regards to retail businesses. T.F. Chambers Mr. Chambers spoke about the retail stores. Mayor Ulmer closed Public Comment. Council Members offered further comments regarding the ideas put forth in the Redevelopment of N.E. 2nd Avenue component of the Design Charrette, including the viability of conducting a marketing study, sewers, water lines, restaurants and the number of lanes on Second Avenue. Mr. Benton offered a brief summary on what the Administration is currently working on and items that could be researched. 3) ANNOUNCEMENTS The Recording Secretary read the announcements. • 4) PUBLIC COMMENTS • Michael Boyle Mr. Boyle spoke about non-resident use of the Recreation Fields. T.F. Chambers Mr. Chambers spoke about the dollars necessary to improve Second Avenue. 5) COUNCIL COMMENTS Al Davis Mr. Davis spoke about the upcoming Memorial Day Holiday event. Steve Loffredo Mr. Loffredo spoke about the Jars in the Park concert. Bob Blum Mr. Blum also spoke about the Ja77 in the Park concert. Mayor Ulmer Mayor Ulmer spoke of the success of the recent concert. 6) ADJOURNMENT The regular Council Meeting of Tuesday, May 16, 2000 was adjourned at 11:03 PM. Barbara A. Fugazzi, CMC - Village Clerk Page 6 Mark S. Ulmer, Mayor