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07-01-1980 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL July 1, 1980 The regular meeting of the Miami Shores Village Council was held on July 1, 1980, 7:30 p.m. , at the Village Hall , with the following Council- men 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, Village Attorney, were also present. The meeting was opened with an invocation given by Father Clifford Horvath of the Episcopal Church of the Resurrection. MINUTES - of meeting of June 17, 1980, were approved as written by motion made by Mr. Spahn, seconded by Mr. McIntosh and carried unanimously. PLANNING BOARD MINUTES: (a) At the Board meeting of May 22, 1980, the request of Mrs. Galban to rebuild a second story to her home at 280 N. E. 91st Street, was recommended for a variance, as her residence has a non-conforming sideyard setback, having been built prior to present zoning regulations. At a subsequent Council meeting Mrs. Galban was requested to produce architectural drawings of her proposed addition. These were now submitted for Council review. Discussion followed on whether or not it was a hardship variance and whether or not the house was non-conforming or just the setback. Mr. Bowen moved that the variance be granted. The motion was seconded by Mr. Lodge but failed to carry on a 2/3 vote, with Mayor Everett and Councilmen Spahn and McIntosh dissenting. (b) Appeal filed by Dell Auto Rental , 9020 Biscayne Blvd. On June 12, 1980, the Planning Board denied Dell Auto Rental 7/1/80 -2- approval to operate an auto rental agency from the Exxon gas station at 9020 Biscayne Blvd. , as it is specifically excluded from gas station operation in the zoning ordinance. Mr. Sam Mizrahi , President of the Dell Auto Rental , filed a letter of appeal of this decision. Mr. Mizrahi contended that there was a need for an auto rental service at his station and that there had been a license issued at some time in the past for this operation. Mr. McIntosh moved that the denial of the Planning and Zoning Board be upheld. The motion was seconded by Mr. Lodge and carried unanimously. Mr. Spahn asked the Village Manager to check the records on auto leasing at this station, year 1974-75. (c) Planning Board minutes - 6/26/80 A request for a variance on fence height made by Mr. Robert M. Baron, 468 N. E. 100th St. , was denied by the Planning Board on June 26, 1980. A letter was received from Mr. Baron requesting an appeal hearing before the Council . After hearing Mr. Baron's appeal based on his desire for privacy from pedestrian and automobile traffic, Mr. Lodge moved to uphold the decision of the Planning & Zoning Board. The motion was seconded by Mr. Spahn and carried unanimously. BID RECOMMENDATIONS: (a) Landscaping mini-parks - A recommendation was made to accept the low bid of B & C Landscaping & Maintenance in the amount of $5,583.00. Mr. Ackley reported that all beautification work will cost $21,623.00. Using the Capital Improvement Fund of $17,700 earmarked for beautification and money in the recycling paper fund would raise the total to $19,451.00, leaving a shortage of $2,172.00. Mr. Ackley recommended deleting 5 beautification of the library or taking funds out of the unappropriated fund balance. Mr. McIntosh asked when the dead trees were going to be 7/1/80 -3- removed and if the County had been contacted about tree replacement; that he would approve the bid subject to getting the County to fulfill its obligation before work is started on the mini parks. In the discussion that followed Mr. Ackley stated that approval for transferring funds would be required to complete the projects. The budgeted item for beautification did not include new sprinkler systems for Village Hall and Library. Mr. McIntosh moved to table action on the bid until Mr. Ackley can give the Council a report on the County's liability on the trees in the mini parks and hopefully we can take action on July 15. The motion was seconded by Mr. Bowen and carried unanimously. (b) Carpet for Community Center - Mr. Ackley recommended that this bid be postponed until the next meeting so that the need for padding under the carpet can be checked into. Mr. Bowen moved that the recommendation to table the bid be accepted. The motion was seconded by Mr. McIntosh and passed unanimously. LETTER FROM COUNCILMAN LODGE RE PARKING AT BAYFRONT: Because of noise, litter and burglaries, Mr. Lodge recommended that all parking be eliminated at the Bayfront. As this item had been tabled at the last meeting Mr. McIntosh moved that it be removed from the table. The motion was seconded by Mr. Spahn and carried unanimously. After some discussion of enforcement and reasonable hours to prohibit parking Mr. Lodge moved that parking be prohibited on the Bayfront from the hours of 11:00 p.m. to 7:00 a.m. The motion was seconded by Mr. Bowen and carried 4/1 with Mr. McIntosh dissenting. ORDINANCE TO IMPLEMENT FICA-1 PROGRAM. An ordinance as requested by the Management Improvement Corporation " Of .:America. to implement the FICA-1 program Cfor return of FICA funds paid 7/1/80 -4- on sickleave) was read. This ordinance was approved on first reading, as an emergency measure, by motion made by Mr. Bowen, seconded by Mr. Spahn and passed unanimously; said ordinance is entitled: ORDINANCE NO. 418-80 AN ORDINANCE AMENDING CHAPTER 17, ARTICLE I, SECTION 17-1, OF THE CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; EMPOWERING THE VILLAGE MANAGER TO PAY PUBLIC FUNDS FOR PERSONAL SICKNESS OR DISABILITY; DECLARING EMERGENCY FOR ADOPTION; PROVIDING EFFECTIVE DATE. LIGHTING PARKING LOT AT PARK DRIVE & N. E. 96th STREET. A recommendation was made for the installation, on existing facilities, of two 47,000 lumen high pressure sodium lights, in the alley on the north side of the Presbyterian Church parking lot at 96th Street and Park Drive. The lights were approved for installation by motion made by Mr. McIntosh, seconded by Mr. Lodge and carrried unanimously. Mr. Ackley will check FPL on the possibility of using a smaller lumen light. The lighting of this lot is being upgraded in accordance with an agreement whereby the Village is permitted to use the lot in conjunction with Community Center activities. VILLAGE MANAGER'S REPORT: (a) Home occupations - report submitted to Council . Mr. Ackley stated that the questionable ones will be checked into. (b) New garbage bill - copy presented to Council . (c) Report on LasVegas night at Country Club - net of $5,000 for Country Club Construction Fund. (d) Country Club membership report - will be mailed out. (e) Budget - proposed budget sent to Council , first work shop to be held on July 3rd at 7:00 p.m. (f) Resignation of Carol Mears - will present her with a plaque. (g) Closing of Mun%sport - report submitted by Frank LuBien outlining effect of this closing. (h) Letter from Lawrence Hull concerning Archdiocese building plans. Mr. Ackley requested direction from the Council as to how the Village Attorney should respond to this letter. Mr. Spahn moved that the Village Attorney be instructed 7/1/80 -5- to take whatever action is necessary in compliance with defending the Council action. The motion was seconded by Mr. Lodge and passed 4/1 with Mr. McIntosh dissenting. (i) Russ Cameron - maintenance supervisor at Country Club. Mr. Ackley recommended commendating Russ for the outstanding job he did during the months of construction at the Club. Mr. Ackley asked the Mayor to issue a proclamation commending Russ Cameron. NEXT MEETING - to be held at the Community Center as it will be a public hearing to determine the need for regulating hours of business operations. The Fourth of July picnic at the Club was announced. COUNCIL. Mr. Bowen reportedoRis attendance at the Dade League meetings and programs that the League is endorsing. PUBLIC. Mr. Ed Abdella, President of the Property Owners Association, complained about the speeding east of 12th Avenue. The meeting adjourned at 9:40 p.m. M. Antoinette Vigne n Village Clerk APPRO 7; Ma