10-18-1983 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
October 18, 1983
The regular meeting of the Miami Shores Village Council was held
on October 18, 1983, at the Village Hall, commencing at 7:30 p.m., with
the following Council members present:
Elspeth Jensen
Robert J. Lodge
Herbert Spahn, Jr.
Terry Cuson
Absent: Mayor Kevin O'Connor
Also present: L. R. Forney, Jr., Village Manager
William F. Fann, Jr., Village Attorney
The meeting was opened by Mrs. Jensen as Acting Mayor in the
absence of Mayor O'Connor. An invocation was given by Mr. Mel Roberts
followed by the Pledge of Allegiance.
PRESENTATIONS: Plaques of appreciation were presented by Acting
Mayor Jensen to the following:
Mrs. Roberta Johnson for service on the Planning
Board, 1977-83.
Mr. Eugene Fabian for service on the Code
Enforcement Board, 1980-1983.
Mr. Joseph Gionfriddo for service on the
Pension Board, 1977-1983.
MINUTES: (a) Council meeting 10/4/83 - approved as written by
motion made by Mr. Cuson, seconded by Mr. Lodge
and passed unanimously.
(b) Council workshop 10/11/83 - receipt acknowledged.
(c) Beautification Committee 9/13/83 "
(d) Historic Preservation Board 10/3/83
(e) Code Enforcement Board 10/6/83
(f) Planning & Zoning Board 10/13/83 "
PLANNING BOARD APPROVALS/DENIALS::
Meeting of 10/13/83, Item 3.
The Planning Board approved an 8 ft. privacy wall to
be erected across a part of the front elevation of
the home of Joseph P. Farina, 1250 N. E. 102nd St.,
providing that it conforms to the 25 ft. setback and
that the appearance is harmonious. Sec. 523 of the
Zoning Ordinance requires Council action on the
harmony feature. Mr. Cuson moved that the Council
uphold the decision of the Planning Board as to setback
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and harmony. The motion was seconded by Mr. Lodge
and passed unanimously.
Item 4. A new sign was approved for the auditorium
at Barry University, to read - Shepard & Ruth K. Broad,
Center for the Performing Arts, in stainless steel non -
illuminated letters. This was approved by motion made
by Mr. Cuson, seconded by Mr. Spahn and passed unanimously.
Item 5. A request made by Mrs. Fix, 54 N. E. 103rd St.,
to pave a rear parking area, 27 x 26 ft., which would
encroach into the setback was denied by the Planning
Board. Mrs. Fix was present to appeal this decision,
and explained her request for the rear parking area
based on her handicap and the need for additional parking
area. After hearing Mrs. Fix's appeal and the conclusion
of the Planning Board as given by Chairman Robert Stobs,
Mr. Cuson stated that he thought Mrs. Fix presents a good
case for a variance and moved that the Council approve
the required variance. The motion died for lack of a
second.
The discussion continued as to luxury vs. hardship as
brought up by the Planning Board. Mr. Fann advised
in answer to the question of a variance, that the
reasonable use of the property could not be determined
by who happens to be living there at present and that
he hadn't heard anything to justify the issuance of a
variance.
Mr. Cuson moved to overturn the Planning Board decision
and grant a variance. Mrs. Jensen gave the gavel to
Mr. Lodge and seconded the motion and the following
vote was called:
Mr. Cuson Yes
Mrs. Jensen Yes
Mr. Lodge No
Mr. Spahn No
The motion died with a tie vote. Mrs. Jensen stated that
Mrs. Fix's only recourse is to come back when there is
a full Council.
DISCUSSION OF MR. GROCER PERMIT.
Mr. Forney reviewed the chronology of Mr. Grocer's
request for a permit to alter the Fina property at
9899 N. E. 2nd Avenue into a grocery store with the
sale of gasoline, and he concluded that there was no
legal basis for the Council to take any other action
than they have taken (in approving the permit).
Reconsideration of this proposed convenience store was
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promoted by the public reaction to a convenience
store selling beer and gasoline which is prohibited
by Village ordinance. Mr. Don Gorenberg, Vice President
of Mr. Grocer,spoke about his plans for the store
which had been approved by the Village. Mr. Peter Jones,
representing the Fina company, cited several cases brought
against other cities in Florida where they had succeeded
in maintaining this type operation, that the State Statute
controls where off premises beer is sold.
Mr. Spahn pointed out that the law (re beer and gasoline)
has been on the books for 42 years and we should enforce
the code, recognizing that the community is willing to
pay the bill to maintain the community as it is. Mr.
Lodge and Mr. Cuson concurred in this position.
Mr. Cuson moved that the Council interprets this (Mr. Grocer)
as a gasoline station and that Section 320 of the Village
Code will be enforced. The motion was seconded by Mr.
Lodge
The following persons spoke in opposition of the proposed
grocery store/filling station:
Mr. Henry Courtney, 438 Grand Concourse
Mr. Arthur Taylor, 26 N. E. 108th St.
Mr. Pat Duffy, 359 Grand Concourse
Mr. Paul Buechele, 99 N. E. 103rd St.
Mr. Edward Harrigan, 260 N. E. 99th St.
Mr. James Keen, 400 N. E. 100th St.
Mr. Spahn suggested a rewording of the previous motion, -
that in the Council's judgment this is a gasoline
station and that the Village will enforce any and all
ordinances that may be applicable. This was accepted
by Mr. Cuson and Mr. Lodge and upon vote the motion
passed unanimously.
After a ten minute intermission the meeting was reconvened.
CHAMBER OF COMMERCE REQUEST FOR DOWNTOWN DEVELOPMENT BOARD.
In a report to Council Mr. Forney suggested that the Planning Board
as the Local Planning Agency could be responsible in part or all
for the redevelopment of the downtown area. He further advised
that the Council would have to consider removing restrictions on
liquor licenses to entice a first-class restaurant.
Various ideas were offered for redevelopment. Mr. Spahn moved for
the writing of an ordinance to create this board but later withdrew
the motion because of indecision on the duties and scope of the
Board. Mr. Spahn then suggested that the Council ask the Chamber
to put down what they want, or the mission of this board and then
present it to the Council for adoption by resolution.
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HISTORIC PRESERVATION BOARD RECOMMENDATION.
A recommendation was received from the Historic Pre-
servation Board that various municipal facilities be
named in honor of outstanding citizens of the past.
Mr. Forney recommended that the Council request the
Board to assume responsibility for suggestions in this
program. No one from the Board had been able to attend
to elaborate on their ideas. Mr. Lodge moved that the
subject be tabled at this time. The motion was seconded
by Mr. Cuson and passed unanimously.
ORDINANCE AMENDING CODE RE MEMBERSHIP IN THE MIAMI SHORES COUNTRY
CLUB, second reading.
Following the second reading by title only Mr. Cuson
moved that the ordinance be approved. The motion was
seconded by Mr. Spahn and passed unanimously, said
ordinance being entitled:
ORDINANCE NO. 460-83
AN ORDINANCE AMENDING ARTICLE III, SECTION
15-46, SECTION 15-47 and SECTION 15-49, CODE
OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA;
ELIMINATING CERTAIN MEMBERSHIP RESTRICTIONS
IN THE MIAMI SHORES COUNTRY CLUB.
VILLAGE MANAGER'S REPORT.
(a) Investment report.
(b) Membership report - M.S. Country Club.
ANNOUNCEMENTS:
(a) Optimist Barbecue Oct. 26, M.S. Country Club.
(b) Haunted House Costume Party Oct. 28, 7-8 p.m. at
Community Center.
(c) Halloween Party Oct. 29, M.S. Country Club.
COUNCIL COMMENTS.
Mr. Lodge suggested that the announcements be listed
on the first part of the agenda in order to reach more
people. He also commented on the Mayor of Hialeah's
upcoming forum on quality.
Mr. Cuson commended Mrs. Jensen on conducting the meeting;
commented on the issue of public notice and thought the
agendas should be posted.
Mrs. Jensen called attention to the piles of dirt at
Barry field which are a dangerous attraction to children
who are climbing over them.
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PUBLIC COMMENT.
Mr. P. Buechele complained about the speed limit
on N. E. 2nd Avenue. Mr. Forney reported the purchase
of a new radar gun for this purpose.
Mr. Buechele also complained about squirrels.
Mr. Cuson brought up the issue of getting a traffic light in
front of the Country Club and asked everyone to write to
Mr. Goodknight of the DOT, petitioning for a light.
ADJOURNMENT - 9:50 p.m.
Village Clerk
Kevin O'Connor
Mayor