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07-07-1981 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL July 7, 1981 The regular meeting of the Miami Shores Village Council was held on July 7, 1981, 7:30 p.m., at the Village Hall, with the following Council members present: Herbert Spahn, Jr. Donald W. McIntosh Henry A. Everett Elspeth Jensen Absent: Mayor Robert J. Lodge 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 Councilman Henry Everett, followed by the Pledge of Allegiance. In the absence of Mayor Lodge, Councilman Spahn chaired the meeting as the Acting Mayor. MINUTES - of the meeting of June 16, 1981, were approved as written by motion made by Mr. McIntosh, seconded by Mr. Everett and carried. PLANNING BOARD MINUTES - June 23, 1981, no action required. Councilman McIntosh mentioned a seawall permit that had been granted by our Building Dept. to Mr. Ben Pumo which the property owners in the area were objecting to. RE -SUBMISSION OF AMERIFIRST PLANS. Mr. Burt Boulton of AmeriFirst requested that his plans for alterations to the AmeriFirst office at 9636 N. E. 2nd Avenue, be reviewed again by Council in light of the additional parking spaces they had secured by lease from the Chevron Station across the street. The Planning Board had not taken action on the previous request for these alterations because of the Board's interpretation of the parking requirements and the moratorium imposed by Council. 7/7/81 -2- Mr. Boulton reviewed the alterations that had been approved for the Everett building, along with additional space allocated for Amerifirst. To add to the parking which the Council had questioned, ten additional spaces had been leased across the street, primarily for the use of the employees who share the building with them; that they now have 30 spaces which more than meets criteria. After further discussion, Mr. McIntosh moved that since Amerifirst were allocated by written lease agreement 20 parking spaces on the property immediately behind their office, and added ten marked spaces by lease across the street (with copies of these leases to be filed with the Village), that they be granted an occupancy permit. The motion was seconded by Mrs. Jensen and passed by three affirmative votes with Mr. Everett abstaining. MINIMUM HOUSING ORDINANCE, final reading. This ordinance was read by title and Articles. The Village Attorney had reviewed amendments suggested by Councilman McIntosh and finalized these with certain re -wording of the following sections: Section 1.11 G (1) Dwelling Multiple - a building arranged, designed or used to house two or more dwelling units. This was approved by motion made by Mr. McIntosh, seconded by Mrs. Jensen and passed unanimously. Section 1.11 Q. Occupant. Any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit. Approved by motion made by Mr. McIntosh, seconded by Mrs. Jensen and passed unanimously. Section 1.11 U. Setting forth definition of "Dormitory" should be designated Paragraph F. and repositioned in the alphabetical list of definitions. The paragraph presently designated F. should be redesignated G., and all other ensuing para- graphs should be redesignated so as to maintain an appropriate alphabetical sequence. Approved by motion made by Mrs. Jensen, seconded by Mr. McIntosh and carried. 7/7/81 -3.. Section 8.1 RESERVED. Entire paragraph deleted. Approved by motion made by Mrs. Jensen, seconded by Mr. Everett and carried. Section 9.2 (3) The roof of every accessory structure shall be adequately drained of water. Approved by motion made by Mr. McIntosh, seconded by Mrs. Jensen and carried. Mrs. Jensen then moved that the amended ordinance be approved on final reading. The motion was seconded by Mr. McIntosh for discussion. In the audience discussion, Dr. Anthony Lance, 1080 N.E. 93rd Street, criticized the Village for not enforcing present ordinances against Mrs. Maria Polvay, 9250 N.E. 10th Court, who has been running a business in her home for 8 years, that the Village should be more concerned about preventing crime than adopting new ordinances. Mr. Everett stated he was concerned about the enforcement side of asked this ordinance andLif the city and officials could be sued in regard to it. Mr. Fann advised that this is possible with any ordinance. Mr. Everett added that this board and all other boards should have public officials liability insurance. Mr. McIntosh stated that he has always been an advocate of zoning enforcement, and he wanted to make sure there is money budgeted for enforcement. He added that he wouldn't be able to attend some of the budget meetings and wanted to go on record to advise Council to put money in Building & Code Enforcement. Upon vote, the ordinance was passed on final reading 3/1 with Mr. Everett dissenting, same being entitled: 7/7/81 -4- ORDINANCE NO. 430-81 AN ORDINANCE TO REMEDY, ELIMINATE AND PREVENT FLIGHT CONDITIONS IN MIAMI SHORES VILLAGE, FLORIDA; TO ESTABLISH AND ENFORCE MINIMUM HOUSING STANDARDS FOR THE DETERMINATION OF STRUCTURES UNFIT FOR HUMAN HABITATION; TO PROVIDE FOR THE SERVICE AND POSTING OF COMPLAINTS AND ORDERS; TO CREATE AN APPEAL BOARD; TO AUTHORIZE THE BUILDING AND ZONING DIRECTOR TO CARRY OUT AND EFFECTUATE THE PURPOSES AND PROVISIONS OF THIS ORDINANCE; TO PROVIDE WHEN THIS ORDINANCE SHALL TAKE EFFECT; TO PROVIDE PENALTIES FOR VIOLATIONS HEREOF; AND TO INCLUDE A SEVERABILITY CLAUSE. COUNTRY CLUB ADVISORY BOARD. A proposal was made by Club members at a workshop meeting of June 22, 1981, to re-establish an elected Advisory Committee. After some discussion the Council authorized, by consensus, that Councilman Spahn act as liaison between the Village Council and the Country Club membership in establishing an elected Country Club Advisory Committee. The committee is to be a volunteer organization having no legal standing. The intent of the committee is to provide advice to the Country Club Manager. LETTER CONCERNING ASCAP AGREEMENT WITH MIAMI SHORES COUNTRY CLUB. A letter was received from attorney Robert Asti on behalf of ASCAP concerning a provision the Village Manager had requested in the standard Private Club License Agreement covering music played at the Country Club. On advice of the Village Attorney the Council agreed to proceed with this agreement. APPROVAL OF AD FOR CONVENTION ISSUE - FLA. MUNICIPAL RECORD. An ad similar to the one placed in the last convention issue of the Municipal Record ($54.00) was approved by motion made by Mr. McIntosh, seconded by Mr. Everett and passed unanimously. VILLAGE MANAGER'S REPORT: (a) Country Club /golf course moat. - In a full report Mr. Ackley gave the history of this project with the funds coming from a budget transfer which was approved some time ago. 7/7/81 -5- VILLAGE MANAGER'S REPORT Contd. (b) Letter from Fla. Dept. of Trans. re 103rd St.- advising Miami Shores that 103rd Street from N. W. to 6th Ave. was being transferred to the State Highway System as of August, 1981. Mr. McIntosh suggested that the Council get some information on the State's plans for this street. He also added that the Village should oppose widening and increased traffic impact. Mr. Ackley stated he would prepare a resolution for this purpose. (c) risk insurance - information from the Fla. League of Cities had been forwarded to the Council. This will be discussed at the workshop of July 16th. Mr. McIntosh asked for a typewritten outline of the workshop discussions. (d) Workshop for Village revenues - to be held on July 16th. ANNOUNCEMENTS: (a) Public Hearing 7/9/81 - Community Center on banking use in Professional Office zones. (b) Budget workshops: July 9 - Public Works 14 - Police 16 - Insurance Revenues Budgets: Council, V.A., V.M., Bldg., Code, Finance (c) Selective Service Board volunteers, print in Village Newsletter with eligibility requirements. (d) Bloodmobile at Community Center July 20, 1981, 10 a.m. til 12 noon. COUNCIL COMMENTS. Mrs. Jensen reported that the Dade League supported the idea that the County place garbage dumping fees for municipalities on the taxes. Mr. McIntosh mentioned the New City municipal limits that had been printed which were in error and thought the Council should give some thought to this proposal. The meeting adjourned at 9:00 p.m. APPROVED: Robe' J . Lodge Mayor Village Clerk