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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 7/21/81 -2- 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. 7/21/81 -3- 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 7/21/81 -4- 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 7/21/81 �5- 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. 7/21/81 -6- 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