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05-04-1976 Regular Meeting REGULAR FETING MIAMI SHORES VILLAGE COUNCIL May 4, 1976 The regular meeting of the Miami Shores Village Council was held at 7:30 p.m., May 41 1976, at the Village Hall, with the following Council- men present: Mayor Donald W. McIntosh W. Alfred Davis James W. Condit Jon E. McLeod Absent: Dean R. Claussen Mr, Earl K. Andersen, Village Manager, and Mr. William F. Fann, Jr., Village Attorney, were also present. The meeting was opened with an invocation given by Pastor Frank Ingram of the Miami Shores Church of Christ, followed by the Pledge of Alle- giance. Mayor McIntosh introduced Mr. Fann, newly appointed Village Attor- ney. Minutes of the meeting of April 20, 1976, were approved by motion made by Mr. Davis, seconded by Mr. McLeod and carried. Planning Board minutes: (a) On April 22, 1976, the Planning Board confirmed approval of living quarters above the garage at the Foster home under construction at 440 N. E. 94th St., with the stipulation that the proposed lavatory for the art studio be removed at time of transfer of the property with a bond being provided covering same and new deed restrictions being recorded. The entire project was reviewed, as well as the Planning Board minutes of March 27, 1975 wherein the living quarters above the garage were approved. This action was subsequently approved by the Council. The installation of a kitchen sink or lavatory was requested recently of the Building Director, but was not shown on any of the plans in file. Mr. Phillips, attorney for Mr. Foster, explained -2- 5/4/76 this item was needed in conjunction with the art studio, and that the Fosters were willing by covenant and bond to abandon its use, upon termination of their ownership of the property. After further discussion Mr. Condit moved that the decision of the Planning Board be upheld, with the exception of the bond requirement. The motion was seconded by Mr. McLeod but failed to pass on the following vote: Mr. McLeod Yes Mr. Condit Yes Mr. Davis No Mayor McIntosh No It was agreed by the petitioners that the construction would not be held up if the attorneys met with the owner, Mr. Bradford, and the con- tractor to work out a solution and come back at the next meeting. Mr. Davis then moved that the members of the Planning & Zoning Board who had approved the latest request, be present at the next meeting to give their views of what they .intended in their April 27 meeting. The motion was seconded by Mr. McLeod and carried 3/1 with Mr. Condit dissenting as he felt there was nothing else to do, since the partitions were there. (b) Planning Board approval was given on a Waiver of Plat for the re-alignment of Lot lines on Lot 3A and Lot 4, Block 759 Miami Shores Sub., at the request of the Keyes Co., representing the Federation of Jewish Agencies of Greater Philadelphia, owner of the property. Mayor McIntosh relinquished the chair to Mr. Davis and left the meet- ing. Upon motion made by Mr. McLeod and seconded by Mr. Condit, the Waiver of Plat was approved by three affirmative votes. The Mayor then returned to the meeting. (c) The Board recommended that an amendment be written to Ordinance No. 270, Sections 518 and 519, concerning "grade criteria for determining heights of walls, fences, and hedges". Mr. McLeod moved that this be referred l -3- 5/4/76 to Mr. Fann to write an amendment to the present ordinance for Council ac- tion. The motion was seconded by Mr. Davis and carried unanimously. ORDINANCES - first reading: (a) ORDINANCE DESIGNATING THE MIAMI SHORES VILLAGE PLANNING BOARD AS THE LOCAL PLANNING AGENCY PURSUANT TO REQUIREMENTS OF CHAPTER 75-257 OF LAWS OF FLORIDA; PROVIDING SEVERABILITY AND EFFECTIVE DATE. Upon motion made by Mr. Davis and seconded by Mr. McLeod this ordinance was passed upon first reading. (b) ORDINANCE AUTHORIZING, DEFINING AND REGULATING GARAGE SALES. PROVIDING SEVERABILITY AND PENALTIES. Some rewording was suggested, as well as a better definition of a garage sale. Mr. Davis then moved that the ordinance be turned over to the Village Attorney to redraft, clarifying the definition of garage sale, and making other amendments as suggested. The motion was seconded by Mr. McLeod and passed 3/1 with Mr. Condit dissenting. Requests for street lights. Two requests for more lighting were recommended by the Police Dept. in the area rear of 660 N. E. 93rd St., and in the Village parking lot west of N. E. 2nd Ave. between 97th and 98th Streets, Mr. Davis moved that a new light be approved at the rear of 660 N. E. 93rd st. The motion was seconded by Mr. McLeod and passed unanimously. An additional light was also approved for the parking lot between N. E. 97th Street and 98th Street by motion made by Mr. Davis, seconded by Mr. McLeod and passed unanimously. Bills - April 21 - May 4. 1976. These bills were approved as presented by motion made by Mr. Condit and seconded by Mr. Davis. Committee reports. Mr. Condit, as chairman of the Park Dedication Committee, reported I -4— 5/4/76 that the name of the park (N. E. 2nd Ave. & 94th St.) should be "Miami Shores Village Memorial Park" and moved that the word "Village" be added (to the name as given at the last meeting). The motion was seconded by Mr. Davis and passed. Mr. Condit further reported that the committee is planning on a flag pole behind the monument; cost of which would be $481.00 which includes a flag, a 33 ft. flag pole and $125.00 for construction of a base and erec— tion of the pole. Mr. Condit asked that money for the park expense be taken from the paper sale fund, and moved that $1,000 be allocated for the park. The motion was seconded by Mr. McLeod and passed unanimously. Mr. Davis reported that the Memorial Day Ceremony Committee had met with the organizations who will participate in the program, and that the Mayor will be guest speaker. .Mr. Condit presented a recommendation from his park committee that a permanent committee be set up with pemanent plans for these parks to han— dle requests from citizens and organizations for donations and beautification, and asked the Council to get people to serve on this committee with special expertise for this work. The resolution forwarded to the Village by Biscayne Park concern— ing a second major campus for Florida International University, tabled at the last meeting, was re—introduced by Mayor McIntosh who asked that it be read. Upon a motion made by Mr. Davis and seconded by Mr. McLeod, RESOLUTION NO. 608 was passed, same being entitled: A RESOLUTION REQUESTING THE BOARD OF REGENTS OF THE STATE UNIVERSITY SYSTEM AND THE FLORIDA STATE LEGISLATURE TO PROVIDE SUFFICIENT FINANCIAL RESOURCES IN THE 1976 LEGISLATIVE SESSION TO ALLOW FLORIDA INTERNATIONAL UNIVERSITY TO OPEN A SECOND MAJOR CAMPUS IN THE NORTH DADE— SOUTH BROWARD AREAS AS SOON AS POSSIBLE. -5— 5/4/76 A motion for the resolution supporting Governor Askew's petition for full financial disclosure for public officials was made by Mr. Davis and seconded by Mr. McLeod but failed to carry by a 0/4 vote. Village Attorney's report. Mr. Fann reported on meetings held with the Village Manager, the Pension Board and Mr. Pearson of First State Bank on re—financing the rec— reation center loan. Due to the absence of Mr. Lund, the details of the amendment to Ordinance No. 349 (lot cleaning) is still pending. Village Manager's report. Mr. Andersen reported on the meeting held with the Mayor and the Village Attorney covering fire station locations, helicopter, recreation center loan interest rates; that the Peoples Bank is reviewing the interest rates on our loans and will send us a letter on any change; public works property zoning and other legal matters. Mr. Andersen stated he had met with Mr. John Green (County Manager's office) in regard to the zoning on the public works property and will set a meeting with the engineers on the 103rd Street improvement project. Mr. Andersen handed out samples of budget forms and personnel evaluation forms. Reported on the donations for the Country Club made by the Miami Shores Woman's Club — $1,000, and the Miami Shores Taxpayers League — $702, which were used for new draperies and wall paper; both organizations should be com— mended for the improvements to the club; reported that a new tennis pro, Michael Melanefy, had been hired, on recommendation of the Tennis Committee. Mayor McIntosh referred to a letter received from the International Institute of Municipal Clerks and called attention to the Proclamation naming the week of May 10 through 14, 1976 as "Municipal Clerk's Week", in recog— nition of their services to the communities. -6— 5/4/76 In regard to the pexmit requested by the Public Works Department of Dade County for aerial mosquito spraying' Mr. Davis moved that it be granted. The motion was seconded by Mr. McLeod and passed unanimously. The meeting adjourned at 9:35 p.m. /A Village Clerk APP VED: �J Mayor