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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