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12-01-1981 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL December 1, 1981 A regular meeting of the Miami Shores Village Council was held on December 1, 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. O. Sam Ackley, Village Manager, and Mr. William F. Fann, Jr., Village Attorney, were also present. The meeting was opened with an invocation given by Msgr. Noel Fogarty of St. Rose of Lima Catholic Church, followed by the Pledge of Allegiance. MINUTES - 11/17/81, not available at this time. PLANNING BOARD MINUTES - Public Hearing of 11/19/81 to be presented on December 15, 1981. ORDINANCE TO CHANGE ZONING ON North 150 ft. of TRACT A, second reading. This ordinance effecting a zoning change was given 30 days' notice of final reading as required by law. Upon motion made by Mr. Everett and seconded by Mr. Spahn, the ordinance was passed 4/1 with Mrs. Jensen dissenting, same being entitled: ORDINANCE NO. 435-81 AN ORDINANCE AMENDING ORDINANCE NO. 270, MIAMI SHORES VILLAGE, CHANGING ZONING CLASSIFICATION OF THE NORTH 150 FEET OF TRACT A OF THE SHORES CENTER SUBDIVISION FROM CLASSIFICATION 0 TO CLASSIFICATION B-1; PROVIDING EFFECTIVE DATE. ORDINANCE ON PARKING, second reading. The ordinance previously read and amended was again reviewed as to the 12/1/81 -2- changes requested which were: On page 3., Section 6. paragraph (c) - twenty-one feet in length for compact cars was changed to twenty feet. Page 3., paragraph following (c), aisles for angle parking changed from twenty-three feet (23) to twenty feet (20). Page 4., Section 405. to read: "Section 405. Off-street parking space and off-street loading space shall be provided as specified in said schedule and shall be furnished with necessary and convenient passageways and driveways appurtenant thereto and giving access thereto, and none of such space, together with such passageways and driveways, shall thereafter be encroached on or reduced in any manner except as otherwise provided in Article V, except (new) that an existing structure for which there has been a use category established on or before the date of adoption of this ordinance, and for which there is insufficient space contiguous to the lot or parcel of land upon which said structure is situated for the owner of said structure to establish off-street parking and off-street loading space, as required by this ordinance, then, in that event, the owner of said structure shall be required to comply with this ordinance to the extent possible with regard to existing space available to said owner; otherwise, said owner shall not be required to establish off-street parking and off-street loading space to meet any increased requirements under this ordinance unless there is an increase in floor area thereof subsequent to the adoption hereof." Page 4., paragraph beginning: Any building or structure may be modernized, altered or repaired provided there is no increase in floor area and there is no change of use category without providing additional off-street parking facilities (change of use category is defined as being ) Page 10., under B-1 and B-2 requirements, both paragraph 2., Medical, etc. and paragraph 3, Retail & service stores, shall require 400 sq. ft. of gross floor area of the building. Also: The title page shall include amending Section 405. Following agreement on these changes Mr. McIntosh moved the ordinance be approved. The motion was seconded by Mr. Everett and passed unanimously, said ordinance being entitled: ORDINANCE NO. 436-81 AN ORDINANCE AMENDING SECTION 5-3, CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; AMENDING SECTIONS 224, 12/1/81 -3- 228, 405 and 521 AND THE SCHEDULE OF REGULATIONS OF THE MIAMI SHORES VILLAGE ZONING ORDINANCE NO. 270; REESTABLISHING OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS; REQUIRING UNITY OF TITLE AGREEMENTS; PROVIDING DEFINITIONS AND EXCEPTIONS; PROVIDING EFFECTIVE DATE. LETTER FROM LAW ENFORCEMENT APPRECIATION FOUNDATION. The request for funds was denied by motion made by Mrs. Jensen, seconded by Mr. Spahn and passed unanimously. APPOINTMENT TO CODE ENFORCEMENT BOARD. The following Villagers had offered to serve on this Board: Thomas McDermott 948 N. E. 92nd Street Susan Fox 106 N. E. 105th St. As some members of Council wished to meet these individuals Mrs. Jensen moved that they be invited to attend the next meeting. The motion was seconded by Mr. Spahn and carried unanimously. COMMUNITY TASK FORCE - Mayor Lodge. Mayor Lodge gave a report on the first meeting of the Mayor's Community Task Force which was held on December 2, 1981, and requested that funds be allocated from the Council budget for expenses that may be incurred by this committee. Mr. McIntosh moved that the Council's budget be used by the Mayor for this purpose. The motion was seconded by Mr. Everett and passed unanimously. VILLAGE MANAGER'S REPORT. (a) Dade County Charter Review Commission - Mr. Ackley reported on attendance at their meeting of 11/24/81 and provided the Council with a summary of Charter Review Commission consensus. The next meeting is to be held on December 4, 1981 in the Mayor's Conference Room at the Courthouse. (b) Letter from State DOT re Florida Road Numbering plan - information. (c) Train Whistle Committee - to meet at Village Hall on Dec. 18th at 11:00 a.m. Also reported that the work on the tracks 12/1/81 -4- on the golf course has been completed and the private crossing on 107th St. will be permanently closed. (d) Audit reports - presented the Council with the annual audit for the year ending September 30, 1981. with a memorandum to Council responding to the auditor's Report to Management. (e) Police report - 12/1/1981. Mr. Ackley reported on some unusually heavy criminal activities that occurred on this date with arrests made. In regard to policing the Chief of Police reported that his department is handicapped by frequent breakdowns on the Chryslers. Mr. Ackley recommended going to open bid on Police cars and then evaluate the bids against State contract. Mr. McIntosh wanted these cars to be replaced immediately. Mr. Ackley was requested to come back to Council with a specific recommendation on these Police cars. MR. WILLIAM POTTER - UNDERGROUND INSTALLATION OF STREET LIGHT. (This item was deferred from its position on the agenda pending the appearance of Mr. Potter.) Mr. Ackley reported that a new light had been approved last year for N. E. 94th Street at 10th Avenue but its installation was stopped by the neighbors pending underground wiring, with a decorative pole. The Director of Public Works estimated this installation would cost $3,046.00. Mr. Potter explained that this type of installation was being requested for aesthetic reasons as well as safety because of the large trees at this location. Both Mrs. Jensen and Mr. Spahn voiced objection to the Village providing special lighting. Mr. Spahn suggested that Mr. Ackley determine the cost to install a regular light and deduct it from the cost of this installation and then make an offer back to Mr. Potter. ANNOUNCEMENTS. (a) Notice from Property Appraiser. (b) 50th Anniversary - January 2, 1981 at Community Center. (c) Santa coming to town- Sat., Dec. 19th, 11:00 a.m. at Community Center. 12/1/81 -5- COUNCIL. Mrs. Jensen brought up the Barry liquor license zoning and after certain talking with the State Beverage Dept., felt that there was/information that should go back to the Planning Board. Mrs. Jensen reported that the Dade League will be voting on the County Charter review recommendations and stated that she will be voting against them, as reported. A poll of the Council indicated that it was unanimous against the proposed Charter changes. PUBLIC COMMENTS. Nick Dallis, Pres. of the Miami Shores Property Owners Association, announced that their next regular meeting would be on December 7, 1981, at which time they will discuss the Barry liquor license. Mr. Sig Derman, complained about the workers at Quayside parking on the Village property at 105th Street and Biscayne Blvd., and the street name sign being down. The Village Manager stated he would look into these matters. The meeting adjourned at 8:40 p.m. z Villager Clerk