02-04-1992 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
FEBRUARY 4, 1992
The regular meeting of the Miami Shores Village Council
was held on Tuesday, February 4, 1992, at the Miami Shores
Village Hall commencing at 7:31 p.m. with the following
members present:
Mayor Johnson
Herb Spahn
Stephen Loffredo
Robert Cook
Also present: Tom Benton
William F. Fann
Absent: Henry T. Courtney
Gall Macdonald
ITEM *1 MINUTES
Mr. Spahn moved approval of minutes from the Cable TV Workshop
of 1/14/92. Mr. Loffredo seconded the motion and the vote was
unanimous in favor. Mr. Loffredo moved approval of the minutes
from the 1/21/91 Regular Council meeting. Mr. Spahn seconded
the motion. Mayor Johnson requested that Item *2 In the minutes
be amended to reflect that Mr. Donald Fann discussed the
possibility of a de minimis group .being formed to limit
(lability of parties in the EPA action, such as the Village,
which had a nominal amount of waste oil Involved In that site.
He also asked that Item *4 be amended to show that the problem
with the tank was at Village Hall. Mr. Loffredo accepted the
amendments and the vote was taken and was unanimous in favor.
Mayor Johnson acknowledged receipt of the minutes from the
following meetings:
Fine Arts Commission 11/18/91, 12/16/91
Planning and Zoning Board 1/9/92, 1/22/92
ITEM *2 PLANNING AND ZONING ITEM:
Request for approval of variance to permit a room
addition attaching the garage and main building.
located at 285 NE 103rd Street.
Mr. Fernandez presented the case stating that the addition was
approved by the P&Z Board. He also stated that the garage Is not
in compliance with the code; however, the addition would bring the
building more Into compliance. Mr. Fann stated that a variance Is
not required because the use is appropriate. He stated that the
garage Is not In compliance because there Is no setback. He also
stated that there Is no showing of a hardship which is the basis
for granting a variance. He suggested that the petition be
granted without granting any variance. Mr. Cook moved to have the
Council approve of the Item but Is not approving the variance. Mr.
Spahn seconded the motion and the vote was unanimous in favor.
ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING ZONING CODE
DEFINITION OF GASOLINE STATION. Mr. Spahn introduced the Item and
suggested directing the P&Z Board to look at Section 218 of the
Code and suggested Section 218 should read:
Any place that Is used for the retail sale and direct
delivery to motor vehicles of gasoline or lubricating
oil or minor motor vehicle accessories... With the
rest of the section remaining the same. Mr. Fann stated that the
proper procedure is to refer the changes to P&Z Board and have
them consider it and have them return the Item to Council for
approval. Mr. Cook stated that he supports having a service
station where repairs can be done to attract people to downtown;
however, Downtown Revitalization Board (DRB) has stated that they
are not In favor of a service station downtown. Mr. Loffredo
stated that he was concerned with changing the definition of
gasoline station because repair shops are not permitted in the
Village. Mr. Fann stated that it Is a business decision not to
replace the tanks and Council cannot grandfather in an Illegal
use. He also reviewed the history of the Jiffy Lube business. Mr.
Loffredo stated that he would like P&Z to review Mr. Spahn's
proposal and return with a recommendation. Mr. Cook stated that
changing the definition will not solve all of the problems and
asked why DRB was opposed to repair shops downtown. Mr. Loffredo
reviewed why DRB wanted to eliminate gas stations in the Village.
Mr. Fann stated that the proper procedure to proceed would be for
the Council to adopt a resolution directing the P&Z Board to
review the definition and return with a recommendation. Mr.
Loffredo moved to refer to the Planning and Zoning Board Section
218, with the word "primarily" deleted and the word "and" after
the word lubricating oil changed to the word "or". Mr. Spahn
seconded the motion and the vote was unanimous in favor.
ITEM *4 REPORT OF RESULTS OF THE JANUARY BUDGET EXECUTION REVIEW.
Mr. Benton reviewed the background. He stated that the budget Is
very tight and Is operating on a break even basis. He also stated
that the State has made a mistake and the Village's Local Option
Gas Tax money has been reduced by $22,991.23 and as a result he
asked that the Council delete the sea wall repair In the amount of
$13,000. Mr. Benton reviewed the recommendations of the Village
Manager for the Council to approve:
* $1,800 for Building and Zoning for Comprehensive
Plan review.
* Transfer surpluses from the Departments to the
nondepartmental contingency.
* Transfer $3,000 from nondepartmental contingency to
Building and Zoning to cover the cost of code
enforcement booklets.
Mr. Loffredo moved to adopt the Village Manager's recommendations
on the Budget Execution Review. Mr. Spahn seconded the motion.
Mr. Loffredo spoke about the condition of the railings on the sea
wall and that they can be repaired rather than replaced. Mr.
Spahn suggested that the staff come back with a recommendation to
keep the sea wall railings safe. Mr. Benton stated that with the
$5,000 budgeted the Public Works Department will repair the
railings the best that they can. Mr. Loffredo spoke about a
future youth sailing program and repairing rather than replacing
the railings at this time. Mr. Fernandez spoke about the
Swarthout study being budgeted across 2 budget years. The vote
was taken and was unanimous In favor.
ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING CITIZEN AWARD
PROGRAM. Mr. Cook reviewed the background and stated that he
liked the name for the award developed by Ms. Macdonald; Miami
Shores Distinguished Family Award. Mr. Cook stated that he wanted
a program whereby any person In the Village could qualify without
being politically active. He reviewed the 3 categories for
nominations and stated that he wants a simple process that Is not
too complicated. Mr. Cook moved that the outstanding award named
Miami Shores Distinguished Family Award be accepted as outlined In
Mr. Cook's memo of January 13th In conjunction with Gall
Macdonald's memo January 29th. Mr. Loffredo seconded the motion
and the vote was unanimous in favor.
ITEM *6 ANNOUNCEMENTS
Mayor Johnson read the announcements.
ITEM *7 COUNCIL COMMENTS
Mr. Spahn spoke about raising the height of the bridge on Biscayne
Boulevard.
Mr. Cook spoke about a Miami Herald article regarding zoning
problems.
Mr. Loffredo spoke about future Ideas to support the Miami Shores
Theater.
Mayor Johnson announced that he and Ms. Johnson are expecting
their second child.
ITEM *8 PUBLIC COMMENTS
Mr. Jim Condit asked about the traffic study and cross walk
pavers. He spoke about chains across alleys and streets and the
problems that emergency vehicles are having responding to calls.
ITEM *9 ADJOURNMENT
The meeting was adjourned at 8:53 p.m.
Steven Js
Mayor
Attest: Gail Macdonald
Village Clerk
By:
Scott W. Davis
Deputy Village Clerk