07-21-1981 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
July 21, 1981
The regular meeting of the Miami Shores Village Council was held
on July 21, 1981, 7:30 p.m., at the Village Hall, with the following Council
members present:
Mayor Robert J. Lodge
Herbert Spahn, Jr.
Henry A. Everett
Elspeth Jensen
Absent: Donald W, McIntosh
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 Mr. Carl Paulsen,
followed by the Pledge of Allegiance.
Mayor Lodge opened the meeting with words of commendation to Zack
Martin, Waste Supervisor, for saving a man's life by using his recent instructions
in C.P.R. Zack was presently in the hospital with a heart condition.
Words of appreciation were extended by the Mayor to Carl Paulsen for
his ten years on the Library Board of Trustees, with the presentation of a
plaque to Mr. Paulsen in recognition of his service.
MINUTES - of meeting of July 7, 1981, were approved as written by
motion made by Mr. Spahn, seconded by Mr. Everett and carried.
PLANNING BOARD MINUTES July 9, 1981.
(a) Recommendation on "0" Zoning - A recommendation was made by the
Planning Board to create two different "0" Zones: 0-1 for the 0 Zones
on N. E. 6th Ave. and Park Drive, and 0-2 for the 0 Zone on Biscayne
Blvd. at N. E. 92nd Street. Mr. Robert Stobs, Chairman of the Board,
reviewed the two public hearings held at the request of First State
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Bank of Miami to permit a bank in the U.S.F.&G. building in
the 0 Zone on Biscayne Blvd. at 92nd St. He stated that it was
the feeling of the Board that the 0 Zone could be split, as there
was no objection to the banking use at the U.S.F.& G. building
but there was mixed reaction to extending that use to 6th Ave.
Mr% Fann did not feel the Council should entertain this idea and
advised the Council to amend the code to permit banking in 0 Zones
as it stands.
After some discussion Mr. Everett moved approval of the recommenda-
ttton of the Planning & Zoning Board. Mrs. Jensen seconded the
motion for discussion.
Comments were made as to defending 0 Zoning with the banking use only
on Biscayne Blvd.
Mrs. Jensen withdrew the second and Mr. Everett's motion died for
lack of a second.
Mrs. Jensen then moved that the 0 Zone be changed to permit banks.
Mayor Lodge passed the gavel to Mr. Spahn and seconded the motion, but it
failed to carry on a 2/2 vote, with Mr. Spahn and Mr. Everett dissenting.
Mr. Everett commented on the fact that the Planning & Zoning Board
were concerned with traffic being created in the residential areas if the
banking use is permitted on 6th Ave. He then moved that the 0 Zone on Biscayne
Blvd. be changed to B-1. This motion died for lack of a second.
Mrs. Jensen repeated her motion that banking be permitted in the
0 Zone.
Mr. Lodge moved that the zoning be changed in this particular area
to 0-1 and 0-2, with 0-2 permitting banks. This motion died for lack of a
second.
It was agreed to carry this over to the next Council meeting.
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PLANNING BOARD MINUTES - July 9, 1981.
(b) Proposed parking ordinance - New parking regulations had been
forwarded to Council with the minutes of the July 9th meeting. A supplemental
report was given to the Council by Chairman Stobs concerning the proposed
off-street parking ordinance. Mayor Lodge reviewed the contents of this report
which highlighted the specific changes being proposed.
Mr. Alan K1'uger, representing Messrs. Fieldstone, Schulman and
Rabin, wanted the Council to consider grandfathering in present buildings,
that the ordinance should be applied to new major construction of existing
buildings and should be applied to a change of zoning use.
Mr. Lou Sauber agreed with this; he did not think it was fair to
require a jewelry store to continue as a jewelry store. He felt the Council
should not throw obstacles in the path of new tenants.
Mr. Nick Dallas mentioned the change of use from a hardware store
to an insurance office where more parking spaces are required for employees,
creating a parking problem.
Mr. George Gilbert, attorney for the owner of the block which
contains Paulsen's, was concerned about new businesses going in the vacant
stores.
Mr. Howard Barwick, representing Dr. Soutar and other owners of
property in the 0 Zone, argued that we are borrowing problems if we adopt a
new parking ordinance. He felt the present ordinance is adequate to deal with
any parking problems.
Mr. Ackley stated we have had many different interpretations of
the code causing problems, that parking is not an immediately problem but it
is a problem of the future.
Mr. Nick Dallas, representing the Property Owners Assoc., stated
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they did not want to have to pay for more parking, more paving and more
maintenance for the business area.
Mr. Lodge read a prepared statement on parking ( copy attached')
which basically would grandfather existing structures and require new con-
struction and expansion to comply with use, as proposed by Planning & Zoning.
Mr. Ktuger congratulated the Mayor on meeting all phases of
this issue.
Mr. George Bennett, owner of the Chase bank building, thought
we should go back to the old code.
In the Council discussion Mr. Spahn commented that the main
issue is the grandfather clause and felt a workshop would be necessary to
discuss this further.
Mr. Ackley suggested that Mr. Fann put the proposals in ordinance
form to consider at a work shop.
Mr. Spahn stated that we should eliminate the moratorium.
There was a consensus agreement of Mayor Lodge, Councilman
Spahn and Councilman Everett, to adopt a grandfather clause on parking require-
ments.
Mr. Fann stated that if it was a consensus of Council that existing
structures will be grandfathered he would try to get an ordinance as soon as
possible, also an ordinance to repeal the moratorium to be handled at a special
meeting on an emergency basis, since it was not on the agenda for this meeting.
The Mayor called an intermission at this point before continuing
with the rest of the agenda.
EXECUTION OF LEASE ON F.E.C. RIGHT-OF-WAY.
Mr. Ackley recommended signing this lease, with or without the
provision that we had requested in the wording of the lease. Mr. Everett
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moved approval to sign the lease on the four parcels of F.E.C. right-of-way.
The motion was seconded by Mr. Spahn and passed unanimously.
BID RECOMMENDATION - Fertilizer for the golf course.
A recommendation was received to accept the low bid of W. R. Grace Co.
in the amount of $1920.00. This was approved by motion made by Mrs. Jensen,
seconded by Mr. Spahn and carried unanimously.
RESOLUTION ON 103rd STREET.
A resolution was presented, as instructed, to ask the State Department
of Transportation to maintain 103rd Street from N. E. 2nd Avenue to N. E. 6th
Avenue as a residential street and that no plans be made for widening the
street. Upon motion made by Mr. Spahn and seconded by Mrs. Jensen, this
resolution was passed unanimously, said resolution being:
RESOLUTION NO. 716-81
A RESOLUTION TO THE STATE OF FLORIDA, DEPART-
MENT OF TRANSPORTATION SETTING FORTH THE
PUBLIC POLICY OF MIAMI SHORES VILLAGE AS
REGARDS TRANSPORTATION AND CIRCULATION AND
IN PARTICULAR 103rd STREET.
VILLAGE MANAGER'S REPORT.
(a) Purchase of Kroytype lettering machine - reported that this machine
was included in the 81-82 budget but we are buying it now from
the CIF fund to take advantage of a good price. The CIF fund
will be reimbursed out of next year's budget.
(b) Amendments to ICMA Retirement Corp. - information.
(c) Letter from Sheraton Bal Harbour re golf and tennis privileges.
Mr. Ackley thought this should be set for discussion if the
Council is interested in approaching Bal Harbour Sheraton and
the Spa, if it is legal. Mr. Spahn felt we should have something
specific from them, and that he didn't think we should grant
tennis privileges.
Mr. Ackley will follow this up.
(d) Budget report -June, for your information.
(e) Country Club membership report/revenue, information.
(f) Workshop for renovation of Village Hall - set for Wednesday,
August 5th at 7:30 p.m.
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ANNOUNCEMENTS:
(a) Country Club main dining rooms closed from 8/3/81 to 8/17/81.
During this period they will be offering salad buffet in
lounge from 11 a.m. to 3 p.m.
(b) Workshops - budget:
7/22/81 - Recreation
Library
7/30/81 - Country Club
(c) Country Club membership meeting - Fri., July 24th, 7:30 p.m.
to be chaired by Mr. Spahn and Club Manager, regarding
election for Country Club AdvisoryCommittee.
COUNCIL COMMENTS.
Mrs. Jensen reported that she did not plan to attend the next meeting
of the Dade League Board because it will be in Homestead. She suggested checking
with Mr. McIntosh to see if he could attend. Mrs. Jensen also reported that
she has been appointed to their committee on transportion.
Mr. Everett congratulated Elmer Jensen on his 85th birthday.
PUBLIC COMMENTS.
Carl Orleman asked about the timing of traffic signals - to be looked
into.
The meeting adjourned at 10:20 p.m.
Village Clerk
APPROVED:
Mayor Robert L.rdge