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11-19-1991 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING NOVEMBER 19, 1991 The regular meeting of the Miami Shores Village Council was held on Tuesday, November 19, 1991, at the Miami Shores Village Hall commencing at 7:33 p.m. with the following members present: Mayor Johnson Henry T. Courtney Robert Cook Herb Spahn Stephen Loffredo Also present: Gall Macdonald William F. Fann The invocation was delivered by Dr. Harold A. Davenport from the Miami Shores Community Church. Mayor Johnson presented a proclamation for National Family Week. Mayor Johnson and Lela Jacobson presented Mobile Patrol Awards. ITEM *1 MINUTES Mr. Courtney moved approval of the minutes from the 11/5/91 Regular Council meeting. Mr. Cook seconded the motion and the vote was unanimous In favor. Mayor Johnson acknowledged receipt of the minutes from the following meetings: Fine Arts Commission 10/21/91 Planning and Zoning Board 10/24/91 ITEM *2 PLANNING AND ZONING ITEM: APPEAL OF PLANNING AND ZONING DECISION DENYING APPLICATION TO CONTINUE OPERATIONS WITHOUT THE SALE OF GASOLINE. HARVEY'S AUTO SERVICE. Mr. LuBien introduced the Item and read the definition of a gasoline station from the Code of Ordinances. Mr. Harvey Hazen was represented by Ms. Brenda Marshall. She reviewed the history of the case and stated that it will cause an extreme hardship if the request Is denied. Mr. Courtney asked what the expense for removal of the underground tanks will be. Ms. Marshall stated that the cost is unknown. Mr. Hazen later stated that the cost to remove the tanks is $20,000 and the cost to install new tanks Is $160,000. Mr. Courtney asked Mr. Hazen what his long term intentions for the property are. Mr. Hazen replied that he has all intentions to continue to operate repairing automobiles. Mr. Courtney asked about installing new tanks if the old ones must be removed anyway. Mr. Hazen reviewed what Is involved and the expense to continue to pump gas. Mr. Fann stated that the Council has no discretion in this matter and cannot grant a variance. Mr. Spahn stated that the Council should request that the Planning and Zoning Board add to the permitted uses for that area and allow this business to continue. Mr. Loffredo stated that not allowing this variance is Inconsistent with action taken 3 years earlier regarding the B1 district. Mr. Fann stated that this Council cannot grant the requested relief. Mr. Cook stated that this case has not gone through the proper process yet. Mr. Spahn moved to direct P&Z to take another look at the ordinance in the 61 and 62 zone and to make the ordinance fit whats currently happening, Tight automotive repair. Mr. Loffredo seconded the motion. Mr. Spahn stated that the ordinance regulating zoning should allow Tight mechanical repair. Mr. Rick Fernandez stated that the P&Z Board is already studying the B1 and 62 districts. Mr. Courtney suggested letting P&Z complete their study and not enforce the ordinance. Mr. Loffredo suggested a report by March from P&Z. Mr. Spahn withdrew his motion. Mr. Loffredo withdrew his second. Mr. Courtney moved to approve the cessation of fuel sales at this location. Mr. Loffredo seconded the motion and the vote was as follows: Loffredo: Yes Courtney: Yes Johnson: Yes Spahn: No Cook: No Mr. Fann stated that this Item is a request for a variance and needs 4 votes to pass. The request for a variance was denied. The consensus of the Council was to send the issue to the P&Z Board to review the ordinance and not enforce the ordinance until March 1 when a report Is expected back from the Board. ITEM *3 REQUEST FOR AWARD OF BID FOR DOWNTOWN CROSSWALK PAVERS. Ms. Macdonald reviewed the background and stated that the Village received 3 bids for the project. She also stated that the budgeted funds for this project Is $60,000 and recommended that only the Intersections at NE 2nd Avenue and 97th 98th and 99th Streets be awarded to the low bidder, Louis S. Imburgia, Jr., in the amount of $55,980. Mr. Cook stated that he was opposed to proceeding with the project until the whole downtown project is developed. Mr. Courtney moved to follow the Village Manager's recommendation and accept the bid from Imburgia and do the crosswalk pavers at 97 98 99th Street. Mr. Loffredo seconded the motion. Mr. Brian Smith: Objected to proceeding with the Item due to a procedural problem. Mr. Mark Sell: Opposed to putting in pavers at this time. Ms. Margaret Burch: Spoke about the pavers in Bal Harbour being removed. Mr. Cook stated that the Council should get the marketing plan together before proceeding. Mr. Loffredo reviewed the history of taking action In the Village. The vote was taken for the motion on the floor and was as follows: Courtney: Yes Loffredo: Yes Johnson: Yes Cook: No Spahn: No The motion carried. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING CITIZEN'S AWARD PROGRAM. Mr. Cook Introduced the Item and suggested creating awards in two categories: Outstanding citizenship and Departing Citizen. He suggested requiring 5 signatures to nominate a citizen. Mr. Loffredo stated that Is is a good thing to recognize genuine service to the Village. Mr. Cook suggested 5 signatures on a petition outlining what service the nominee has done. He also suggested that the award be announced in the Village newsletter. Mr. Loffredo suggested that the award be annual or semiannual and not just on a whim. Mayor Johnson suggested that Mr. Cook bring back a formulated proposal. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING A VITA COURSE ON THE 5.4 ACRES NORTH OF THE COUNTRY CLUB. Mr. Cook introduced the Item stating that he has received letters requesting a recreational type facility on the North 5 acres at the Country Club. Mr. Spahn stated that the land is under contract to PCM and that no one has Investigated the cost involved. Ms. Macdonald stated that the Item Is on the agenda premature and that the use of the land Is being discussed at the P&Z Board with regard to the Comprehensive Plan. Mr. Chuck Hart stated that PCM has plans for the land and asked the Council to allow PCM to develop plans for a 3 hole par 3 golf course. He stated that the use of the course would be aimed at the youth of the community. He asked for 120 days to come back with a final presentation. Mr. Courtney stated that he agrees with Mr. Hart that the Issue does not need quick action. Mr. Spahn stated that a year round Juniors program would be a great asset for the community. He suggested investigating the future cost to develop a vita course. Mr. Loffredo stated that he concurs with Mr. Spahn that a vita course may have hidden costs and that the land use should be recreational In nature. Mayor Johnson stated that plans exist for a vita course for that piece of land. He suggested giving notice to reclaim the land so that If PCM's plan Is refected the Village would not have to waft an additional 6 months. He suggested sponsors at individual stations on the course to reduce the cost. Mr. Courtney stated that he has not seen any plans or numbers on the issue nor has there been any public Input. Mr. Fann stated that there was a lot of opposition to a vita course from golfers in the past. Mr. Spahn stated that it is a very poor message to give to PCM. Mr. Hart stated that PCM will not hold the Council to 120 days notice to reclaim the land If PCM cannot come up with a plan. Mr. John Cahill: Would like the land used for public use not private use. Mr. Brian Smith: Likes Mayor Johnson's suggestion to notify PCM that the Village Intends to use the property for a recreation facility. Mr. Mark Sell: PCM should provide a comprehensive plan for the use of the land. Mr. Loffredo stated that he would not be In favor of taking any action without any plan on the table. Mr. Cook moved to direct the Village Manager to notify PCM that the Village intends to take back the property for use of an active recreational facility. Mayor Johnson passed the gavel to Mr. Cook and seconded the motion. He stated that the VIIIage is not doing anything with the land now and that the Council should take action that leaves the most opportunity open to the VIIIage. Mr. Mike Boyle: Supports the theory behind Mr. Cook's proposal. Ms. Jeanie Bodachelile: In favor of public park use. Opposed to a par three golf course. Mr. Brian Smith: Asked if any harm could come from the action proposed. Mr. Spahn replied that It could send a bad message to PCM. Mr. Rick Fernandez spoke about the activities of the P&Z Board. Mr. Hart outlined the occasions when PCM has been a good neighbor and worked with the Village. He stated that the message that he is receiving Is that there Is a lack of trust. The vote was taken and was as follows: Cook Yes Johnson: Yes Spahn: No Courtney: No Loffredo: No The motion failed. ITEM *6 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *7 COUNCIL COMMENTS Mr. Courtney spoke about the Idea of an art festival In Miami Shores. Mr. Loffredo spoke about a boundary line meeting for State School V. Mayor Johnson spoke about the Handicapped Services Board meeting to discuss the pool Improvements and park uses. ITEM *8 PUBLIC COMMENTS Mr. Jim Condit: Mr. Brian Smith: Spoke about the closing of streets and restripping of 96th Street and the lack of parking on 96th Street. Spoke about Mr. Hart's feelings regarding Council actions. ITEM *9 ADJOURNMENT The meeting was adjourned at 10:38 pm. Attest: Gall Macdonald By: V I I Isa.ae Clerk Scott W. Davis Deputy Village Clerk Steven J nson Mayor