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08-03-1982 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL August 3, 1982 The regular meeting of the Miami Shores Village Council was held on August 3, 1982, 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 Also present: L. R. Forney, Jr., Village Manager William F. Fann, Jr., Village Attorney The meeting was opened with an invocation given by Father Thomas Wilson of St. Rose of Lima Catholic Church, followed by the Pledge of Allegiance. MINUTES: (a) Regular Council meeting of July 20, 1982 - approved by motion made by Mr. Spahn, seconded by Mrs. Jensen and passed. (b) Special Council meeting of July 27, 1982 - approved by motion made by Mr. Spahn, seconded by Mrs. Jensen and passed. Mr. McIntosh asked that the minutes reflect that he had asked the Manager if he was comfortable with the proposed millage of 5.89. The approval was to include this addition. (c) Planning & Zoning Board meeting of July 29, 1982 - receipt acknowledged. PLANNING BOARD RECOMMENDATIONS OR DENIALS: (a) Game machine ordinance - to be presented at next meeting. (b) Signs for Exxon Station, 9020 Biscayne Blvd. - the Planning Board approved two 3' x 4' free-standing signs for this station. After reviewing the plan for these signs Mr. McIntosh moved that they be approved but stipulated that this was not a carte blanche approval of all signs of this type. The motion was seconded by Mr. Spahn and passed unanimously. (c) Appeal of Howard Barwick, 620 N. E. 101st Street - the Planning Board denied a variance to permit an addition to this house which would have a flat roof in excess of the permitted area, when added to the existing flat roof section. Mr. Barwick filed an appeal of this decision with the Council. Mr. Barwick argued that a portion of the roof that was figured 8/3/82 -2- in the computation was not flat. Mr. McIntosh stated that the difference in question is infinitesimal and moved that the Planning Board denial be overruled because he felt that Mr. Barwick is within the confines of the ordinance. The motion was seconded by Mrs. Jensen and passed unanimously. Mr. McIntosh requested that the roof ordinance be discussed at a joint meeting with Planning Board and Council to clarify the exact meaning of the ordinance. (d) Signs for Barnett Bank, 9190 Biscayne Blvd. - Two detached signs with illumination until 10:00 p.m. were approved by the Planning Board, with one sign to be located on 92nd Street and one on the Boulevard. This type of sign requires approval by Planning Board and Council. After discussion Mr. Spahn moved approval of the Planning Board decision. The motion was seconded by Mr. Everett and passed unanimously. "SURROUNDED ISLANDS PROJECT". Mr. Joe Fleming, attorney for the Christo Surrounded Islands Project, was present with Mr. Christo and several of his experts and followers, for the presentation of their project to surround the small islands in Biscayne Bay with pink plastic as an art form for a short period of time in March, 1983. Mr. Fleming stated that the Governor and Cabinet have given permission to use these islands, and that they also had approval of the Secretary of State and The New World Festival, with a an "Intent to Issue" permit by the Department of Environmental Regulation. Mr. McIntosh asked why Miami Shores is being asked for this permission, how long it will take to construct it and how long it will take to take it down. Mr. McIntosh stated he was more concerned with boat- ing and water skiing safety than its tourist attraction. Mr. Fleming answered that Mr. Christo wanted approval and sanction of all the cities involved, that the whole project will last between 5-6 months and that liability insurance will be provided to cover risks. Mrs. Jensen did not think it was appropriate for Miami Shores to be considering this project as Miami Shores is a Bird Sanctuary and that there are many birds, local and migrant, who could be harmed by this plastic cover. Mr. Christo's expert witnesses contended that the project would not harm the ecology of the Bay. Several Villagers spoke in opposition to the project. Linda Baiz, 1525 N. E. 104th St., presented a petition representing 87 people 8/3/82 -3- who were opposed to the project. After everyone had a chance to speak on the subject Mr. Spahn moved that the Council accept the project subject to approval of the Corps of Engineers and the Department of Environmental Regulation, with their proper amount of insurance to be worked out by the Village Attorney. The motion was seconded by Mr. Everett. Mr. McIntosh offered an amendment, that we consent to the project as long as Mr. Christo acquires all the necessary permits and the Village of Miami Shores has no liability in any respect to this project, on and off the water. This was accepted and the following roll call vote was taken: Mrs. Jensen No Mr. Everett Yes Mr. McIntosh Yes Mr. Spahn Yes Mayor Lodge Yes The Mayor called a recess at this time, and reconvened at 10:15 RECONSIDERATION OF RESOLUTION NO. 735-82 REGARDING MAIN STREET: Mrs. Jensen moved that this be reconsidered. The motion was seconded by Mr. McIntosh and passed. Mrs. Jensen stated that she has received many objections to the re -naming of N. E. 2nd Avenue as Main Street; that it should be called W. Dixie Highway, if anything. p.m. Terry Cuson stated this has come out of the Mayor's Task Force as a good old-fashioned spirit. Bob Orlando thought the designation would help the Chamber and the Village bring back activity to N. E. 2nd Ave. Mayor Lodge stated this is part of the Mayor's Task Force project along with the gazebo. Mr. McIntosh stated "Main Street" is archaic. Mr. Everett had no objection as long as the mailing address was not changed. Mr. Lawton McCall pointed out that no notice was given of this change. He reviewed history of N. E. 2nd Avenue as West Dixie Highway and added that if a change is to be made it should be called Dixie Highway. Mr. McIntosh moved that the re -naming of 2nd Avenue as permitted by Resolution No. 735-82 be tabled until a committee can get citizen input on re -naming N. E. 2nd Avenue with a contest and award for the winning name. The motion was seconded by Mr. Spahn and passed unanimously. Mr. Spahn asked the Village Manager to send another letter to Dade County to hold off on the name change. 8/3/82 -4 - PETITION TO CLOSE N. E. 100th STREET AT BISCAYNE BOULEVARD: A petition was received from residents of N. E. 100th Street requesting that their street be closed at Biscayne Blvd. (east side) as a deterrent to crime. The Village Manager reported that it would cost approximately $1400.00 for closing, sodding and landscaping, and he recommended that we go ahead if 100% of the property owners are in agreement. Mr. D. Russ, 1155 N. E. 100th St., one of the proponents of the idea, was present to speak in favor of the closing. Mr. McIntosh pointed out that there is a reverter clause in most of the dedications that should the public right-of-way be closed the property would revert to the adjoining property owners. An objection was received from Robert C. Rowland, 1120 N. E. 100th St., whose property is at the closing point, based on inaccessibility of police and fire/emergency. It was suggested that the petitioner should get signatures of 100% of property owners up to 12th Avenue, an agreement to convey the property to the city and then a public hearing will be called so anyone else can speak on the closing. FISCAL YEAR 1982 BUDGET EXECUTION REVIEW: The Village Manager made a report to Council on the Third Quarter Budget Execution, in which he requested interbudgetary transfers to preclude a deficit condition in certain accounts at the end of the year. Along with these transfers Mr. Forney requested author- ization to expend approximately $1800.00 in the Manager's salary account for refurbishing the Manager's and the Clerk's office. The interbudgetary transfers were approved by motion made by Mr. McIntosh, seconded by Mr. Spahn and carried unanimously. The office improvement expenditures were approved by motion made by Mr. Spahn, seconded by Mrs. Jensen and passed unanimously. VILLAGE MANAGER'S REPORT: (a) Mr. Forney reported that he has initiated a personnel newsletter and as it is not in the budget he proposes to fund it out of contingency, along with the cost of a savings bond to each "employee of the month". Mr. Spahn suggested that this expense be put in the budget and moved approval of the "employee of the month" concept and expenses. The motion was seconded by Mr. McIntosh and passed unanimously. (b) Date of Public Hearing on the budget - changed to meet requirements, -5 - first hearing now set for Tuesday, Sept. 7, 8:00 at the Country Club. The regular Council meeting will be held at 7:30 p.m. at the Club. (c) Reported on the organizational meeting of the Historic Preservation Board, held on August 31, 1982. ANNOUNCEMENTS: (a) Wed., Aug. 4, 7:30 p.m., workshop on Country Club budget. (b) Poolside Discos Sat. nights during August, admission $2.00. (c) Labor Day weekend at the Club: Cocktail party Fri., Poolside party, Sat., Poolside cookout, Sun. COUNCIL COMMENTS: Mr. Spahn commented on the need for supervision at the Saturday night Discos. PUBLIC COMMENTS: None ADJOURNMENT: 11:00 p.m. APPROVED: RoberLodge Mayor 8/3/82 Village Clerk