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03-04-1980 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL March 4, 1980 The regular meeting of the Miami Shores Village Council was held on March 4, 1980, 7:30 p.m. , at the Village Hall , with the following Councilmen present: Mayor Henry A. Everett Donald W. McIntosh Ralph E. Bowen Herbert Spahn, Jr. Robert J. Lodge Absent: None Mr. 0. Sam Ackley, Village Manager, and Mr. William F. Fann, Jr. , Village Attorney, were also present, as well as 4pproxir4tely 70 residents and interested parties. The meeting was opened with an invocation given by Rev. John McLaughlin of St. Martha's Catholic Church. Minutes of the meeting of February 19, 1980, were approved as written by motion made by Mr. Lodge, seconded by Mr. McIntosh and passed unanimously. Planning Board• (a) Appeal of the Archdiocese of Miami for permit to build a church and pastoral center - Following a denial by the Planning Board for permit to build a church and pastoral center on the property lying on the east side of Biscayne Boulevard between 93rd and 95th Streets, an appeal was filed by Attorney Joseph Fitzgerald, for a re-hearing on the application. Mr. Fitzgerald outlined the plans for development of the 3.7 acre tract, and presented arguments in support of the use under the residential zoning. Architectural renderings of the development were reviewed and 3/ 4/80 -2- explained by Mr. Brown of the architectural firm of Brown, Lopez & Lopez. Prior to opening the floor for discussion, Mayor Everett permitted a resolution written by the Chamber of Commerce, to be read and entered into the records, unanimously supporting the proposal made by the Archdiocese. At this point, those in opposition were given an opportunity to speak; Mr. Richard Peterson, 9342 N. E. 9th Ave. , complained about the parking lot, the office uses and the whole development as well as the way i't was presented. Mr. Larry Hull , 9350 N. E. 9th Ave. , thought it was an office building and that it was not a proper use of the land, and would probably decrease the value of his property. Mrs. Josephine Paris, 9406 N. E. 9th Ave. , did not approve of the office buildings. Mr. Joseph St. Thomas, 1041 N. E. 94th St. , asked about the legal boundaries of St. Martha's parish, which was answered by Father McLaughlin. Mrs. D. Singer, Director of the. Northeast Development Assoc. , was in support of the plan as an improvement to Biscayne Boulevard. Mr. Martin Greene, 253 N. E. 99th, spoke in favor of the development, and endorsed the pastoral center and church. Mr. Bob Longman, 913 N. E. 95th St. , spoke in favor the project. Mr. Mike Khoury spoke about the influence of a church on the neighborhood. Mr. Jim Hayes, 899 N. E. 92nd St. , spoke in favor of the church and stated both he and his neighbors were looking forward to it. In the discussion that followed the Village Attorney stated it is a question of whether or not this is a church or offices. Mr. McIntosh moved--that the action of the Planning & Zoning Board be sustained. The motion was seconded by Mr, Lodge, Mr. McIntosh stated he based this action on the fact that there is 3/14--'/80 -3- an 18 to 23% parish use vs. 82 to 77% business use. Mr. Bowen stated that he personally felt this structure would be an asset to the community and at large. Mr. Spahn felt there was a narrow separation between (the classification) school and offices. Mr. Lodge stated that he had misunderstood the motion and wished to withdraw his second. He then moved to reverse the decision of the Planning & Zoning Board and permit the Archdiocese of Miami to construct this church. The motion was seconded by Mr. Bowen. An amendment was offered by Mr. McIntosh that all necessary governmental regulations be complied with in construction of this facility. Mr. Lodge felt this was the architect's responsibility but added that the church comply with all building and zoning requirements. After further discussion from the floor and a summation by Attorney Joseph Fitzgerald, the vote was called and passed 4/1 with Mr. McIntosh dissenting. (b) Planning Board minutes of February 28, 1980 - Board approved the minimum housing standards ordinance which will be on the next Council agenda. Petition from Barry College for reduction of sanitation bill . Mr. Tim Czerniec, Vice President for Business Affairs at Barry College, reviewed their request for consideration of the 1980 sanitation bill which was - increased 92%. In addition,-to this increase the F.P..&L. bill has been increased.- 82% with the increase in utility tax. He suggested some consideration be made during the summer months when the students are not in residence. Mr. Spahn asked for a comparison of rates on: Tropical Chevrolet, Dog Track, Cafeteria, Publix and Barry, which indicated varying rates with: some not yet dete.rmi.ned. Mr, McIntosh asked for amounts paid by the churches, and he moved that no action 3/4/80 -4- be taken on this request until the next meeting. This motion was not seconded and in the discussion Mr. Bowen asked about the service at the 9999 Building where the Village furnishes- the container. It was Mr. Spahn's opinion that the Village Manager should handle this service on the basis of usage. Mr. Ackley was requested to make a recommendation at the next meeting. Bid recommendations: (a) Electrical work for security at Country Club. 61, The low bid of Frank Moran in the amount of $1880.00 was recommended and inasmuch as it is not a budgeted item, Mr. Ackley recommended that it be charged to the budget for the new roof, air conditioning, etc. and be handled as part of that project. Mr. Lodge moved that the bid of Frank Moran in the amount of $1880.00 be accepted and added that he would like to have the south parking lot added to this work. Mr. Ackley explained that the bid only included the north lot. The motion was seconded by Mr. Spahn and passed unanimously. Mr. Spahn moved that we follow the Village Manager's recommendation and take $1880.00 from excess money that was borrowed in excess of the capital needed for the Country Club removation to cover capital contingencies at the Club. The motion was seconded by Mr. Lodge and passed unanimously. The Village Manager will report on security lighting for the south parking lot. (b) Tractor for Recreation Dept. The recommendation was for the low bid of Medco International in the amount of $3,890.00. Mr. McIntosh moved that this be removed from the table. The motion was seconded by Mr. Spahn and passed unanimously. Acceptance of this bid had been delayed for more information on fuel 3/4/80 -5- consumption which had been re-submitted by Hal Petrey. ✓` Mr. McIntosh moved that the bid of the Medco Company in the amount of $3890.00 be accepted, as recommended by the Manager. The motion was seconded by Mr. Bowen and passed unanimously. Resolution approving final plat of VAZQUEZ SUBDIVISION. Mr,. McIntosh left the room during consideration of this business. The resolution 4.ppnQvng this new plat was read and approved by motion made by Mr. Bowen, seconded by Mr. Spahn and passed by four affirmative votes, said resolution being: RESOLUTION NO. 692-80 A RESOLUTION APPROVING THE REPLAT OF LOTS 10,11, 12, 13, and 14, Block 35, Miami Shores Section One, as recorded in Plat Book 10 at Page 70 of the Public Records of Dade County, Florida. Resolution on train whistles.. Mr. Ackley reported a conversation with the FEC wherein they stated that certain blasts are required at each crossing and he stated that any .action by the Council to limit the warning blasts should be directed to the F.E.C. as well as the Federal government and the State of Florida. Mr. Bowen stated he would like a resolution addressed to the State level to make it a violation of law to blow whistles at certain hours, if the crossing is regulated by other equipment. Mr. Bowen offered to contact the Dade League's attorney for a copy of the specific bill that is being proposed and then if we agree to it we can prepare a resolution in support of this bill . The Council agreed to follow this course. International Systems, Inc. proposal . A proposal for assistance in securing Federal grants was presented 3/4/80 -6- by this company. No action was taken by the Council . Village Manager's report. (a) Budget transfers - Mr. Ackley explained a budget transfer in the pool budget from Heater Maintenance account to Window replacement, pool safety office. This was approved by motion made by Mr. McIntosh, seconded by Mr. Spahn and passed for four affirmative votes. Mr. Bowen had left the meeting prior to this item. (b) Village physician - Mr. Ackley advised that, unless Council assumed authority, he would appoint Dr. Gunion as Village physician for the purpose of employee physicals and Workmen's Compensation cases. (c) Country Club construction - Mr. Ackley explained that the cost of the contractor's bond was not included in the contract price and asked for a motion to approve the bond payment of $2951.00 for Frank J. Moran. This was approved by motion made by Mr. Mcintosh, seconded by Mr. Spahn and passed by four affirmative votes. Mr. Zavitz reported that the main dining room will be closed during the month of March, that the main ballroom 3/5 section will be closed 3 weeks in April . The 2/5 section will be closed approximately 3 weeks during the latter part of April and May. The cocktail lounge will be closed during the month of May up until conclusion of the work in June. Mr. Ackley reported on an emergency replacement air conditioning unit that was bought in the amount of $1400.00, which was approved by motion made by Mr. Spahn, seconded by Mr. McIntosh and passed. Mr. Ackley reported on the tar pot fire at the Club and stated that the contractor would be liable for any smoke damage. (d) Personnel turnover - reviewed recent employee losses. (e) Storer Cable TV - hookups to be made soon. (f) Auto inspection station lease - have requested two appraisals as provided by law. (g) Mrs. E. M. Hoffman's complaint - handled. (h) Fred Vann's recognition - congratulations extended for recognition by the P.G.A (i) Work Shop - on Country Club change to Thursday, March 20th, because of conflict with Member/Guest tournament. 3/4/80 -7- Councilman Spahn asked for a progress report-on MICA. Mr. Ackley stated they are working the program involving return of FICA taxes. Councilman McIntosh suggested that the Manager send out bids on security lighting for the remainder of the parking lot at the Country Club. The meeting adjourned at 10:40 p.m. 7� Village Clerk APP . ay