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08-16-1983 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL August 16, 1983 The regular meeting of the Miami Shores Village Council was held on August 16, 1983, at the Village Hall, commencing at 7:30 p.m., with the following Council members present: Mayor Kevin O'Connor Elspeth Jensen Robert J. Lodge Herbert Spahn, Jr. Terry Cuson Absent: None Also present: L. R. Forney, Jr., Village Manager William F. Fann, Jr., Village Attorney Approximately 30 citizens The meeting was opened with an invocation given by Dr. Harold A. Davenport of the Miami Shores Community Church, followed by the Pledge of Allegiance. MINUTES: (a) Council meeting 8/2/83 - approved by motion made by Mr. Lodge, seconded by Mr. Cuson and passed unanimously. (b) Budget workshops 8/1,8/2, 8/3 - On the workshop of 8/3 Mr. Cuson pointed out on Pg. 3, that the addition of $3,000 under Tennis should have been designated for paving the parking area. (c) Code Enforcement Board 8/4/83, receipt acknowledged (d) Beautification Committee 8/9/83, " (e) Planning & Zoning Board 8/11/83, PLANNING BOARD APPROVALS/DENIALS: Meeting of 7/28/83 - appeal of Mr. Bill Sanders, tabled at last meeting. Mr. Cuson moved that this item be removed from the table. The motion was seconded by Mrs. Jensen and passed unanimously. A permit was requested by Mr. Bill Sanders, 250 N. E. 105th St., to enclose his garage. The Planning Board denied this request because no alternate off-street parking space as defined by the Code was provided. Mr. Sanders was present to appeal this decision and request a variance in regard to the parking space. Mr. Stobs, Chairman of the Planning Board, reported that the Board could not find grounds for a variance, but is planning to review resident- ial offstreet parking, space for which is now included in accessory building requirements. Mr. Fann, Village Attorney, pointed out that new construction is required to provide offstreet parking and it would be inconsistent 8/16/83 -2- to allow someone to close in a garage without complying with offstreet parking. Mr. Lodge stated that the Council does not have too much choice in the matter until the ordinance is amended. Mr. Cuson, in acknowledging that if there is a conflict of interest with his own similar request he would declare it, argued that this man is being denied full use of his property. Mr. Fann answered that this man is not being denied reasonable use of the property. Mayor O'Connor passed the gavel to Mrs. Jensen and moved that the decision of the Planning & Zoning Board be overruled and that a variance be granted on the 15 ft. setback for offstreet parking in the rear. The motion was seconded by Mr. Cuson.and a roll call taken on the vote with the following results: Mr. Spahn No Mr. Lodge No Mayor O'Connor Yes Mr. Cuson Yes Mrs. Jensen No The motion failed to carry. PUBLIC HEARING - 5.42 acres north of the Country Club Mr. Forney reported that the purpose of the public hearing is to consider an amendment to the Comprehensive Plan by which the Future Land Use Map will be amended to show the 5.42 acres north of Biscayne Blvd. as Residential use rather than Parks and Recreation use. This had been reviewed and recommended by the Planning & Zoning Board. Mr. Don McIntosh, former Councilman, stated that the area includes a portion of the driving range and putting green and parking lot; that the area should be divided with non -recreational use on 4.08 acres of the land. Mr. Walter Simon, Pres. of the Property Owners Assoc., questioned Mr. Forney's statement that the Land Use Plan is binding but yet he says it is zoned residential. Mr. Forney stated the Compre- hensive Plan takes precedent if it is in conflict with the existing zoning. Mrs. Peggy Hayward, 240 Grand Concourse, asked why the Council wanted to sell this property. Mayor O'Connor stated that is not an issue at this hearing, that the intent is to expand options on the property. Speaking in opposition on the basis of keeping it for open space, parks and recreation or Country Club uses were: Mr. Bob Froboth Mr. Ken Cutchens Bill McCausland, 1059 N. E. 104th St. Bryant, 1090 N. E. 104th St. Tom Beck, 357 N. E. 92nd St. 8/16/83 -3- Councilwoman Jensen stated she was on Council when the Plan was written and the land was indicated that way because we needed it for recreation. Councilman Cuson stated that he had received many calls opposing this; that he was in favor of this land being productive in same manner, as to recreation. He felt it would be in error to sell it for residential, that our most precious commodity is our land. Mr. Lodge moved that the Miami Shores Comprehensive Plan be amended so the 5.42 acres along the Boulevard north of the Country Clubare changed to Residential Use in place of Parks and Recreation. The motion was seconded by Mr. Spahn, adding that the members want options to do something else with the land as they have paid for it. A motion to table the subject was made by Mrs. Jensen and seconded by Mr. Cuson but failed to carry on a 2/3 vote with Messrs. Lodge, Spahn and O'Connor dissenting. Vote was called on the original motion with the following results: Mr. Cuson No Mrs. Jensen No Mr. Lodge Yes Mr. Spahn Yes Mayor O'Connor Yes The motion passed. BID RECOMMENDATION - Sprinkler System, Football Field. The Council received a recommendation to accept the low bid. Mr. Lodge moved that the bid be awarded to Brooks -American Sprinkler Co. in the amount of $4,317.00 on recommendation of the Department Head and the Village Manager. The motion was seconded by Mr. Spahn. Following a 5 min. recess the motion was passed unanimously. PROPOSAL TO JOIN GREATER MIAMI CHAMBER OF COMMERCE. In a report to Council Mr. Forney recommended that the Village become a Trustee member of the Greater Miami Chamber of Commerce at a cost of $2,000.00 a year, in an effort to promote Miami Shores as a desirable residential location for executives moving into the area. Mr. Spahn who is now serving on the Greater Miami Chamber, stated that it seemed to him that any action of this type should be spearheaded by the real estate people and that the Village would match whatever money they come up with. Mr. Cuson was of the opinion that we could get similar recognition as a community at a much lesser memebership. Mr. Pat Duffy with Baden Realty thought the realtors in the area 8/16/83 -4- would be willing to participate in some way. Mr. Spahn added that the Miami Shores Chamber of Commerce should be involved and a decision made by the realtors, Chamber and Mayor's Task Force as to the Trustee member. Mr. Cuson suggested that the businessmen, realtors and Chamber appoint a Conference Committee to decide on funding of this project. Mr. Lodge moved that the item be tabled until the second meeting in September for time to get with these groups. The motion was seconded by Mr. Spahn and passed 4/1 with Mayor O'Connor dissenting, as he felt that if this community is to survive it must reach out into the County, beyond our parochial boundaries. RESIGNATION OF C. L. McCALL FROM HISTORIC PRESERVATION BOARD. Upon motion made by Mr. Lodge, seconded by Mrs. Jensen and passed unanimously the resignation was regretfully accepted. INVITATION FROM PROPERTY OWNERS TO ATTEND MEETING. An invitation was received from the Property Owners Association for the Mayor, Council and Village Manager to attend their next meeting on September 12. Because of the Sunshine Law Mr. Forney suggested that the Mayor and he attend. Mr. Lodge moved that the Mayor and a representative of the administration be present. The motion was seconded by Mr. Spahn and passed unanimously. VILLAGE MANAGER'S REPORT. (a) Meeting with Code Enforcement Board - As directed at the last meeting Mr. Forney reported that, in view of the discussions that have already taken place and impending changes in the system, we defer any additional discussion of code enforcement for at least six months in order to get a realistic evaluation of how the expanded system is working (b) Club Membership report, presented. (c) Club Financial reports, " (d) Investment report ANNOUNCEMENTS: (a) Register now for football and cheerleading. (b) Jamaican party at Club 8/20/83. (c) Labor Day at Club, golf & tennis, buffet supper. (d) 1st public hearing on budget Sept. 8, at Community Center. (e) Council meeting with labor attorney Aug. 23, 7:30 p.m. (not open to public). 8/16/83 -5- COUNCIL COMMENTS: Cuson Compliments to Bob Lodge who still thinks he is Mayor; sincere compliments to our Mayor tonight on his statements concerning the future of Miami Shores; compliments to his wife on 15th anniversary; extended invitation to Golf tournament this Thurs. for benefit of North Dade YMCA. Mayor Directed attention to past Mayor Lodge's picture which has been added to the gallery. PUBLIC COMMENTS: Mr. Lou Sauber complained about dirty roofs and asked for better code enforcement in this area. ADJOURNMENT - 9:15 p.m. Li"( ty.A.rfre..) Village Clerk AP Kevin 0 Connor Mayor