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05-19-1981 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL May 19, 1981. The Regular Meeting of the Mi'amiShores Village Council was held on May 19, 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 Fr. John McLaughlin, St. Martha's Catholic Church, followed by the Pledge of Allegiance. The invocation was dedicated to Mr. Petrey, Recreation Director for a speedy recovery. The first business of the evening was approval of the minutes of May 5, 1981. Mr. McIntosh asked that the minutes be amended on Page 4, Item no. 5, Request for approval of use and occupancy at 9715 N.E. 2nd Ave., owner George Frix as follows: "After discussion Mr. McIntosh moved that the request for a restaurant be denied due to inadequate parking and that the Planning Board decision be over- ruled because of inadequate parking." The Village Council agreed to this change and the minutes were approved as amended. 5/19/81 2 PLANNING BOARD MINUTES - MAY 14, 1981. (4) Request for approval of plans for a new residence to be built on Lot 4, Block 2, Biscayne River Heights by Graver Construction Inc. Based on Paragraph (d) Section 702 the Zoning Ordinance, the Planning Board have approved a flat roof variance for the requested plan of a new resident. Mr. Fann reminded Council that a variance must be based on hardship and noted that the proposed flat roof was part of a new construction. After some discussion, Mrs. Jensen moved that the Planning Board variance be upheld. The motion died for lack of a second. Mr. McIntosh moved denial of the requested variance. Motion was seconded by Mr. Spahn. Mr. Spahn asked Bob Stobs, Chairman of the Planning Board, if there were any alternatives to a flat roof over the proposed wood -deck. Mr. Stobs responded that since it was new construction, the house could be re -designed. The question was called and passed 4 to 1 with Mrs. Jensen dissenting. (5) Request for approval of plans for alteration and addition to 390 N.E „ 101 Street, owner - William Wightman The Planning Board based on Paragraph (d), Section 702 the Zoning Ordinance, approved a flat roof variance for Mr. Wightman. The Village Council asked Mr. Fann to distinguish between the 5/19/81 3 requested variance in the case of Mr. Wightman and the previous request by Graver Construction, Inc. Mr. Fann reported that in the case of Mr. Wightman the house is already existing and was already non -conforming. Mr. Bon Stobs, Chairman of the Planning Board reported that in thise case, given the location of the addition, there was no alternative to a flat roof. Mr. Spahn moved to uphold the Planning Board variance, the motion was seconded by Mr. Everett and passed 3 to 2 with Mr. McIntosh and Mrs. Jensen dissenting. EMERGENCY PARKING ORDINANCE Based on the Planning Board minutes regarding Parking and a Parking Workshop held by the Village Council on May 18, 1981, Mr. Fann had proposed an Emergency Ordinance be adopted, establish- ing a six months moratorium on site plan approval where parking did not comply with the Village Code. The Mayor requested a report from Mr. Stobs, Planning Board Chairman. Mr. Stobs reported that the Planning Board originally wanted an emergency ordinance to incorporate specific requirements for parking. However, it was the Planning Board understanding that this was not possible due to certain public hearing requirements and therefore supported the moratorium until the Planning Board could develop a compre- hensive ordinance which should be before the 1st July, Mr. McIntosh moved that the Emergency Ordinance be read into the record and approved changing the moratorium from 6 months to 3 months. The motion was seconded by Mr. Spahn and passed unanimously on first reading, said ordinance being entitled: 5/19/81 R 4 Ordinance No. 428-81 AN ORDINANCE ESTABLISHING THREE MONTH'S MORATORIUM ON SITE PLAN APPROVAL WHERE PARKING DOES NOT COMPLY WITH CODE; FINDING INADEQUATE PARKING THREATENS TO DETERIORATE PORTIONS OF BUSINESS AREAS AND UNDULY BURDEN ADJOINING RESIDENTIAL AREAS; DECLARING EMERGENCY AND PROVIDING EFFECTIVE DATE. VILLAGE LOGO FOR THE FIFTY YEAR ANNIVERSARY Mayor Lodge pointed out that the Village had received a proposed logo intended for use in conjunction with the Fifty Year Anniversary Celebration. Mr. McIntosh moved for approval for the proposed logo as presented by Mr. Lawton McCall, Historical Committee. The motion was seconded by Mr. Spahn and passed unanimously. RECOMMENDATION ON SEED BIDS Mr. Ackley recommended that the only bid of Woodbury Chemical Company inthe amount of $4,055.00 be approved. Mr. Spahn moved to approve the seed bid as recommended. Motion was seconded by Mr. McIntosh and passed unanimously. ORDINANCE AMENDING THE PENSION PLAN Mr. McIntosh moved the action regarding the pension ordinance be postponed until such time as Mr. Fann could prepare an ordinance in proper form. The motion was seconded by Mr. Spahn and passed unanimously. SUMMER GREEN FEES Mr. Ackley reported that the recommended fees for the summer be the same as currently were provided for in the existing resolution. Mr. Spahn moved to approve the Summer Fees as recommended. The 5/19/81 5 motion was seconded by Mr. Everett and passed unanimously. LETTER FROM MUNICIPAL CORPORATION Mr. Ackley requested Council authorize him to secure quotat- ions for inclusion in the proposed budget for recodification of the Village Code and codifying the Zoning Code. Mr. McIntosh moved to give the U.M. authorization to proceed as requested. The motion was seconded by Mrs. Jensen and carried unanimously. LEASE AGREEMENT ON RAILROAD RIGHT-OF=WAY Mr. Ackley reported that the Village had not received any response from tjie North East Coast Railroad on our proposal con- cerning the proposed agreement. This item was passed over and no action was taken. POOL HEATERS This item had previouslybeen tabled by Village Council. Mr. Spahn moved to put the question of purchase pool heaters back on the table. Motion was seconded by Mr. McIntosh and passed unanimously. Mr. Ackley reported that this was back on the Agenda in order to take advantage of the competitive price of the low bidder. Mr. Spahn moved to accept the low bid of Horner Equipment for purchase of pool heaters in the amount of $2,513.70 The motion was seconded by Mr. Everett. Under discussion, Mr. McIntosh questioned the need for pool heaters in view of the fact that we just purchased a solar blanket to cover the pool and retain heat less than two years ago. After some discussion, the question was called in and passed with Mrs. Jensen and Mr. McIntosh dissenting. 5/19/81 6 COUNCIL CHECKS Mr. Ackley reported that the Council had received an annual pay check of $1 in the mail. HONORARY COUNTRY CLUB USE FOR SISTER TRINITA FLOOD Mayor Lodge reported he had given Sr. Trinita Flood an Honorary Country Club Membership in exchange for her valuable service to the Village. In request for the Council to approve this action, Mr. McIntosh moved to approval, the motion was seconded by Mrs. Jensen and passed unanimously. VILLAGE MANAGER'S REPORT (a) Food and Beverage Report: Mr. Ackley presented a Food & Beverage report for the Country Club. It was a consensus of Council that in the future the report would include expenses as well as revenue and total investment on deposit. (b) Municipal tennis pro: Mr. Ackley reported that Herman Fagel had retired and the Village had appointed a new Municipal Tennis Pro named George Theobold. Mr. Ackley cautioned residents that Mr. Theobold was strictly enforcing the resident only rule for the tennis courts. (c) Gift of tree from Friendly Villagers Club: Mr. Ackley reported that the Village had received a beautiful Jacaranda tree for Memorial Park as a gift from Friendly Villagers Club. 5/19/81 7 (d) Country Club Membership 4/30/81: Mr. Ackley reported that the Country Club Membership as compared to last month had increased 10 members. However, as compared to same month last year, membership had decreased 44 members. Mr. McIntosh pointed out that totals were not as meaningful as the changes in each category, it was the consensus of the Council that future monthly report show total membership revenue as compare with total projected membership revenue. (e) Permits issue for April 1981: Council noted this report but there was no discussion. (f) Settlement of Zaret case: Mr. Ackley reported that the Village had settled the case of Zaret vs. Miami Shores Village by payment of $8,000 to Mrs. Zaret. COUNCIL COMMENT Mr. Everett requested a copy of the emergency ordinance establishing a moratorium on site plan approval where parking is not complied with the Village Code be sent by certifying mail to all building owners who might be affected. Mr. McIntosh asked the Village Manager if the villagers insurance agent has been invited to the Insurance Workshop schedule for Wednesday at 4:00 p.m. on May 29, 1981. Mr. Ackley replied that he assumed that the Village Clerk has notified all interested parties, but would double-check. PUBLIC COMMENT None. 5/19/81 ANNOUNCEMENTS Workshops: 5/20/81 Wednesday, 4:00 p.m., Insurance 5/20/81 Wednesday, 7:00 p.m., Parking 5/26/81 Tuesday, 4:00 p.m., Fuel Storage, New Maintenance Building, General Manager Concept. 5/27/81 Wednesday, 4:00 p.m., Transfer Station'; Fund Balance. Memorial Day Service: 5/25/81 - Monday, 10:00 a.m., in the Memorial Park and also a Memorial Day picnic for the entire community. Other Announcement: The Chief has hired a Parking Enforcement Officer which will start on Friday, 5/22 to give tickets to those who did not pay the meter in the downtown area. Metro Commission today voted unanimously to pass ordinance for prohibiting the blowing of train whistles.