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05-05-1981 Regular MeetingREGULAR MEETING MIAMI SHORES -VILLAGE COUNCIL May 5, 1981 The regular meeting of the Miami Shores Village Council was held on May 5, 1981, 7:30 p.m., at the Village Hall, with the following Council members present: Mayor Robert J. Lodge Herbert Spahn, Jr. Donald W. McIntosh Henry A. Everett Elspeth Jensen Absent: None Mr. 0. Sam Ackley, Village Manager, and Mr. William F. Fann, Jr., Village Attorney, were also present. The meeting was opened with an invocation given by former Mayor Henry A. Everett, followed by the Pledge of Allegiance. The first business of the evening was the presentation of awards to students for winning essays in the Beautification Committee's essay contest. Councilwoman and Chairman of the Beautification Committee, Elspeth Jensen, highlighted the contest and expressed appreciation to the participating schools and the local banks for the $50.00 first place awards. The following students were honored; Miami Shores Elementary School Lorelei Goll Liz Haase Jason Warner St. Rose of Lima School Vicki Riney Michael Fonseca Elizabeth Bruno 1st Place Honorable Mention Honorable Mention 1st Place Honorable Mention Honorable Mention Miami Country Day School Michelle. Morgan 1st Place Whitney Ellenby Honorable Mention Beth'Henderson Honorable Mention 5/5/81 -2- Following a Police Appreciation party given by the Miami Shores Property Owners Assoc. on April 26, 1981, Mr. Ed Abdella, retiring President, with Mr. Drew McIntosh, presented the Fraternal Order of Police with a check for $1500.00, collected in their behalf. Mayor Lodge expressed appreciation to former Councilman Bowen with an appropriate plaque that will be sent to him in his absence. Mayor Lodge then honored former Mayor Everett with a plaque in appreciation of his service as Mayor of Miami Shores Village for the past two years. Councilman Everett thanked the other members of Council for their assistance and cooperation, as well as, all other boards, office staff and Property Owners Assoc. during the past two years. He then highlighted a list of accomplishments that were achieved during his tenure as Mayor. MINUTES - of April 21, 1981, were approved as written by motion made by Mr. Spahn, seconded by Mr. Everett and carried unanimously. PLANNING BOARD MINUTES - April 22, 1981. (1) Request to rezone property at 9190 Biscayne Blvd. from "0" to "B" Zone. Following a public hearing on a petition from First State Bank to rezone the property formerly owned by the U.S.F. & G. at 9190 Biscayne Blvd., the Planning Board, without regard to re -zoning, approved amending the "0" Zone to allow banking use. Prior to discussion of this item Councilman McIntosh stated that he would abstain from participating because he owns a professional zoned ("0") piece of property. The Village Attorney stated that in effect the request for change of zoning was denied and unless there is an appeal to consider the issue is dead. Mr. Everett moved that this be turned back to the Planning & Zoning Board. The motion was seconded by Mr. Spahn and passed by four affirmative votes with Mr. McIntosh abstaining. 5/5/81 -3- (2) Request for variance to permit fiberglass shingle roof by owner, Robert Iozia, 440 N. E. 91st St. Mr. Fazio appeared before the Council to appeal the Planning denying a variance. Board decision/ Mayor Lodge asked for a motion to approve or deny the request. It was Mr. McIntosh's request that the Chair hear both sides of the question before a motion is made. Mr. Everett moved that the Council hear both sides of this argument. The motion was seconded by Mr. Spahn and passed 4/1 with Mayor Lodge dissenting. Mr. Wallace, attorney for Mr. Fazio, reviewed all the reasons why Mr. Fazio's case was deserving of a variance, in addition to presenting an engineer's opinion that it was doubtful .that the roof structure could maintain tile (which it originally had). Following discussion Mr. McIntosh moved that the action of the Planning Board to deny this request be upheld. The motion was seconded by Mrs. Jensen and carried unanimously. (3) Request for 6 ft. wall by Sven Rostad - denied by Planning Board. No appeal was filed. (4) Request for approval of use and occupancy at 9325 Park Drive by Spectrum Programs Inc. Mr. Ackley reported that the Council must grant a variance of 19 parking spaces in order to allow the requested use. The Council agreed to hear the petitioners. Mr. Richard Rubinson, President of the Board of Spectrum, stated that this would be for their administrative offices only, with a total of 12 people. He estimated that they would only need six parking spaces. Mr. Rakowski, owner of 9325 and 9315 Park Drive, was present on behalf of Spectrum Programs. Mr. Ackley stated in computing both building together or separately they are short of parking. Together the buildings require 34 spaces, and that Council must grant a variance or deny the request. After hearing from some of the other tenants in this building in regard to present parking and use, Mr. McIntosh moved that the Council 5/5/81 -4- overrule the Planning Board's approval because the parking does not comply and would require a variance. The motion was seconded by Mrs. Jensen and passed unanimously. (5) Request for approval of use and occupancy at 9715 N. E. 2nd Ave., owner George Frix. The Planning Board approved use and occupancy for a restaurant and delicatessen at the above address. Mr. Frix stated he had previously had his plan approved as to parking. Mr. Ackley pointed out that he does not have sufficient parking for a restaurant based on the number of tables he has shown. After further discussion Mr. McIntosh moved that the request for a restaurant and delicatessen be denied and that the Planning Board decision be overruled because of inadequate parking. The motion was seconded by Mrs. Jensen. Mr. Bob Stobs, Chairman of the Planning Board, explained the Board's position in regard to use changes on 2nd Avenue. Mr. McIntosh then moved to table action on this request. The motion was seconded by Mrs. Jensen and the following roll call vote was made: Mrs. Jensen Yes Mr. Everett No Mr. Spahn No Mayor Lodge No Mr. McIntosh Yes The motion to table failed to carry. A motion to call the question was duly made and carried and the original motion to deny approval of use, overruling the Planning Board, received the following vote: Mrs. Jensen Yes Mr. Everett No Mr. Spahn No Mr. McIntosh Yes Mayor Lodge Yes To reverse the Planning Board requires a 4/5 vote, therefore the Planning Board approval stands. 5/5/81 r5r PLANNING BOARD DEFERRED ACTION. Request for wall variance at 1175 N. E. 105th, owner - W. R. Morris. Mr. Morris' request for an 8 ft. wall abutting the Miami Shores Motel property had been approved by the Planning Board. Mr. Morris was present to explain the need for this wall to protect his property from the nuisance of motel operation. Mrs. Jensen moved that the 8 ft. wall be approved as requested. The motion was seconded by Mr. Spahn and carried unanimously. APPROVAL FOR POLICE DEPT. TO EXCEED BUDGETED POLICE POSITIONS BY ONE MAN. Mr. Ackley recommended exceeding the budget for one additional sworn officer in the Police Dept. at a cost of $6300.00 from May 8th through the end of the fiscal year, based on a request by the Chief of Police. Mr. Spahn moved that the Village Manager be authorized to allow the Chief of Police to exceed the budget by one man as previously agreed. The motion was seconded by Mr. Everett and passed unanimously. LETTER FROM ROGER INFANTE REGARDING CRIME PREVENTION. A letter dated February 24, 1981, had been sent to the Council by Roger Infante, Committee Chairman, "Campaign '81 - for the Prevention of Crime". This letter had not been previously agandaed pending installation of the new Council. Mr. Infante presented another letter to Council, up -dating the last letter, and including a list of goals for the prevention of crime. Mr. Infante and his committee were asked to discuss these items with the Village Manager. Mr. Spahn moved that the letter be referred back to the Village Manager and if he needs Council action, to return it to the Council. The motion was seconded by Mr. Everett and carried unanimously. APPOINTMENT OF A MEMBER TO THE CODE ENFORCEMENT BOARD. The following citizens had volunteered to serve on this Board: 5/5/81 -6- J. Leslie Wiesen 1029 N. E. 104th St. Martin J. Kurzer 1532 N. E. 104th St. Todd S. Rogel 118 N. W. 103rd St. Stephen Loffredo 102 N. E. 103rd St. Julie A. S. Williamson 1235 N. E. 96th St. Thomas J. Caldwell After a preliminary ballot Mr. McIntosh moved that Julie Williamson be named to the Code Enforcement Board. The motion was seconded by Mrs. Jensen and carried unanimously. Councilman McIntosh suggested that the Mayor notify the applicants of the appointment. COST STUDY OF REVISIONS TO PENSION PLAN. A cost study prepared by the Wyatt on the Pension Plan changes proposed by the Pension Board was submitted to the Council. Mr. Akley reported that the proposed revisions will cost $41,212.00 above the current requirement and provide the following increased benefits: a 25 year normal retirement for Police Officers with Police benefits increasing to 2.5% of pay per year of service for years of service after 25 up to a maximum total of 30 years. Vesting has changed from 20 to 10 years of service for all employees and benefits for all employees are to be based on highest three-year average earnings. Mr. Ackley recommended approval effective October 1st. Mr. Everett moved that the actuary be directed to prepare an ordinance for these changes. The motion was seconded by Mr. Spahn and carried unanimously. FLA. EAST COAST RAILWAY LEASE ON 4 PARCELS OF R.R. RIGHT-OF-WAY. No action was taken on this lease pending the Railroad's answer to a letter written by Mr. Ackley concerning elimination of some of the Village's liability. BUDGET TRANSFER - COUNTRY CLUB. This was requested at the last meeting to provide money for a chain 5/5/81 -7- link fence in the area of golf car storage. As it had been tabled Mr. McIntosh moved that this item be removed from the table. Motion was seconded by Mr. Everett and carried. Mr. Spahn then moved that the Club Manager be allowed to transfer funds from the Men's locker room to Clubhouse maintenance. The motion was seconded by Mr. Everett. Mr. McIntosh stated he has not seen a sketch of this plan as requested. The motion passed 3/2 with Mrs. Jensen and Mr. McIntosh dissenting. AUTHORIZATION FOR POLICE DEPT. TO INCREASE TOTAL NUMBER OF VEHICLES. In a report to Council the Village Manager stated that the Chief of Police would like to hold three units from trade-in, - his car, one marked unit and the Village Manager's car. Mr. Ackley further reported that this will mean that the Village Manager will have to order a new car six months earlier than budgeted. Mr. Spahn moved approval to keep three of the trade-ins, as requested. The motion was seconded by Mr. Everett and carried unanimously. BUILDING PERMIT FEES - Councilman McIntosh. Mr. McIntosh asked the Council to consider an ordinance changing the dollar value of building maintenance work requiring a permit from $50.00. (Village Code Sec. 5-3) to something under $500.00. He then moved that Section 5-3 of the Code be updated with an ordinance changing the permit fee require- ment to at least $250.00. The motion was seconded by Mrs. Jensen and passed unanimously. Mr. McIntosh also moved that Section 5-6 of the Code be amended and updated to the current Metro fees. The motion was seconded by Mr. Spahn and carried unanimously. NON-RESIDENT COUNTRY CLUB MEMBERSHIP USE OF POOL - Councilwoman Jensen, Mrs. moved that we deny the Country Club non-resident membership use of the municipal pool. The motion was seconded by Mr. McIntosh. Mrs. Jensen 5/5/81 -8- stated that two years ago the use of the pool by non-resident club members was strongly objected to and a petition had been circulated against it. Mr. Ackley recommended that Council leave this as is and discuss it during the summer. Mrs. Jensen added that she would like to have I.D. cards issued for all people using the recreation facilities. The motion failed to carry on a 1/4 vote. DADE COUNTY HISTORIC PRESERVATION ORDINANCE. Mr. Ackley reported that we have until July 1, 1981 to adopt our own ordinance or live by the County ordinance. It was Mr. Ackley's recommendation that the Village adopt its own ordinance and suggested that the Planning Board be designated as the Historical Preservation Board and further, that the Village Attorney prepare an ordinance along the lines of the Metro ordinance. After the Village ordinance is filed with the County we will no longer be governed by their ordinance. This recommendation was approved for implementa- tion by motion made by Mrs. Jensen, seconded by Mr. Spahn and carried unanimously. VILLAGE MANAGER'SREPORT, (a) Workshops - 5/11/81 Monday, 7:30 p.m. Carr Smith plans for Village Hall 5/12/81 Tuesday, 7:30 p.m. Minimum Housing Ordinance 5/18/81 Monday, 4:00 p.m. Parking 5/20/81 Wednesday, 4:00 p.m, Insurance 5/26/81 Tuesday, 4:00 p.m. Fuel Storage, New Mainten. Bldg., Gen. Mgr. concept 5/27/81 Wednesday, 4:00 p.m. Transfer Station, Fund Balance (b) Village Manager approved transfer of donations to Police Dept. to C.T.F. COUNCIL COMMENTS - None. 5/5/81 PUBLIC COMMENTS. Mr. Roger Infante asked the Council to consider the proposals in his letter on crime prevention. After much discussion Mr. Infante's committee was told they should take their proposals through the administration before Council. APPROVED: ANNOUNCEMENTS. (1) Train Whistle ordinance before County Commission, Tuesday, May 19, 9:00 a.m. (2) May 10, Mother's Day at the Club. (3) May 22, Country night round -up dance at Club. (4) May 25, Memorial Day Barbecue at Club. (5) Workshops - May 12 Minimum Standards May 18 Parking The meeting adjourned at 10:20 p.m. Mayor obert J. r Village Clerk