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07-06-1982 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL July 6, 1982 The regular meeting of the Miami Shores Village Council was held on July 6, 1982, 7:30 p.m., at the Village Hall, with the following Council members present: Mayor Robert J. Lodge Herbert Spahn, Jr. Elspeth Jensen Absent: Donald W. McIntosh Henry A. Everett Also present: L. R. Forney, Jr., Village Manager William F. Fann, Jr., Village Attorney The meeting was opened with an invocation given by Rev. Matthew Kerestes of the Advent Lutheran Church. The untimely death of businessman Bernie Jackson was acknowledged, and the pledge of allegiance followed the expression of sympathy. PRESENTATIONS: (a) The plaque for the Manager of Publix Market will be taken to him as he was not present. MINUTES: (a) Regular Council meeting of June 15, 1982. Upon motion made by Mrs. Jensen and seconded by Mr. Spahn, the minutes of the meeting of June 15, 1982, were approved as written. (b) Planning Board meeting of June 24, 1982. It was noted that the variance request passed by a 2/1 vote had to go back to the Board for a proper vote. Mayor Lodge asked that a special meeting be held by Council prior to the workshop of next Tuesday, to expedite the variance request. No action was taken on the special meeting. Concerning the request of Pizza King, Mr. Spahn asked that no board take action on any request of this restaurant until the delinquent garbage fees are paid. (c) Code Enforcement Board meeting of July 1, 1982. Receipt acknowledged. 7/6/82 -2- PLANNING BOARD RECOMMENDATIONS OR DENIALS: (a) Appeal of Frank Rubio, 1107 N. E. 104 St., deferment requested by petitioner. (b) Appeal of Attila Bese, 440 N. E. 91st St., non -conforming roof. A code violation had been cited on a non -conforming roof and a fine levied against the property at 440 N. E. 91 St., prior to Mr. Bese's ownership of the property. After appearing before the Code Enforcement Board Mr. Bese went before the Planning Board for a variance to keep the roof, which was denied. On a rehearing before the CEB the fine was reconfirmed pending re- roofing by Mr. Bese. Mr. Bese was present to appeal the Planning Board's denial of a variance to permit a fiberglass shingle roof. In the discussion that followed Mr. Bese's attorney stated that he thought they could work out the question of the roof but wanted to resolve the fine in regard to any immediate foreclosure which he con- tended could not be carried out until October, 1982. Mr. Spahn suggested that the Village Attorney be directed to recheck the statute to see at what point we are allowed to file foreclosure proceedings, and that Mr. Bese go back to the CEB and get an agreement from them that will satisfy him on relief of the fine. Village Attorney Fann recommended that the Council refer this (the question of fine) back to the CEB with its feelings. Mr. Spahn moved that the request for a roof variance be denied. The motion was seconded by Mrs. Jensen and passed unanimously. ORDINANCES: (a) Parking of trucks or vans in residential districts, final reading. This ordinance would permit the parking of trucks and vans in the rear yard only. A report on this subject was submitted by the Village Manager in which he recommended that the ordinance not be passed. Mr. Spahn argued that we will have no protection from the unsightly vans and trucks. Mrs. Jensen thought we should have a full Council for passage of this ordinance and moved to defer action. The motion died for lack of a second. Mrs. Jensen then moved for approval of the ordinance which motion also died for lack of a second. Mr. Clement Allen, Pres. of the Diamond Apartment Assoc. on 105th St., stated that vans are not the same as pick-up trucks; vans can be licensed as a passenger type car. He also pointed out that with town houses and condos vans can't be parked in rear yards and that this would be unfair to owners of vans in these buildings. 7/6/82 -3- Mr. Spahn moved that the Council send this ordinance back to the Planning & Zoning Board and ask them to consider some of the Village Manager's suggestions as to redefining non-commercial vehicles and that they consider number of vehicles and appearance. The motion was seconded by Mrs. Jensen and passed unanimously. RESOLUTIONS: (a) Renaming N. E. 2nd Avenue as Main Street. A proposal was made by the Mayor's Task Force to rename N. E. 2nd Avenue from 91st Street to 115th Street as Main Street. Following the reading of this resolution Mr. Spahn moved that it be approved. The motion was seconded by Mrs. Jensen who added that the present addresses be left as is. The resolution was then unanimously passed and adopted, same being: RESOLUTION NO. 735-82 A RESOLUTION NAMING A MAIN STREET IN MIAMI SHORES VILLAGE BID RECOMMENDATIONS: (a) Irrigation system expansion at Recreation Center. Sealed bids were opened and recorded on 6/29/82. The Village Manager recommended acceptance of the Department Head's recommendation for the low bid of RESEARCH IRRIGATION in the amount of $2,750.00 to expand the irrigation system of Block 107, a part of the recreation fields. Upon motion made by Mr. Spahn and seconded by Mrs. Jensen, acceptance of the bid of Research Irrigation was unanimously approved. Mr. James Varney, the new Recreation Director, was intro- duced to Council. (b) Wood Chipper. Sealed bids were opened and recorded on 6/29/82. The Village Manager concurred in the recommendation of the Department Head, Mr. Benton, for acceptance of the second low bid of Asplundh Manufacturing Division in the amount of $10,346.83, based on use and maintenance experience with this type of equipment. approval Mrs. Jensen moved of this bid for a replacement chipper. The motion was seconded by Mr. Spahn and passed unanimously. 7/6/82 - 4 - NEW STREET LIGHT AGREEMENT. A resolution was presented for the execution of a new street light agreement with Florida Power & Light Company to convert to high pressure sodium lighting. Upon motion made by Mr. Spahn and seconded by Mrs. Jensen, the resolution was unanimously passed and adopted, same being: RESOLUTION NO. 736-82 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A CONVERSION STREET LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY TO CONVERT THE STREET LIGHTS IN MIAMI SHORES VILLAGE TO HIGH PRESSURE SODIUM LIGHTING; AND THE EXECUTION OF A GOVERNMENTAL STREET LIGHTING AGREEMENT WHICH RELEASES AND BRINGS UP TO DATE THE 1936 AGREEMENT. AD FOR FLORIDA MUNICIPAL RECORD. A proposal was submitted by the Florida League of Cities for the purchase of an ad in the Convention Issue of the Municipal Record. An 1/8 page ad had been purchased in the past, present cost $62.00. Mr. Spahn moved this be approved as in the past and suggested that this cost be budgeted in the future. The motion was seconded by Mrs. Jensen and passed unanimously. VILLAGE MANAGER'S REPORT. Mr. Forney stated that he is late in getting out the Country Club budget but that it will be completed for distribution within the next two weeks. Also, that he was evaluating budget performance as of the end of June. ANNOUNCEMENTS. (a) July 12, M. S. Property Owner's Association meeting, 7:30 p.m. at Community Center. (b) July 12, Beautification Committee meeting, same time, same place. (c) July 13 and 14 - Budget workshops, 7:30 p.m. at Village Hall. Chief Fletcher was elected to the Board of Directorsof the Florida Police Chiefs Association. COUNCIL COMMENTS. PUBLIC. -5- Mrs. Jensen, in reporting on Dade League business, stated that Homestead was protesting the County's increased waste fees and wanted support from other cities. Mr. Spahn asked that we get all the facts on this before considering Homestead's request. Kevin O'Connor announced that Mr. Forney would speak at the Property Owners meeting. ADJOURNMENT - 9:00 p.m. APPROVED: Robert J. Lodge, yor illage Clerk 7/6/82