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03-03-1992 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MARCH 3, 1992 The regular meeting of the Miami Shores Village Council was held on March 3, 1992, at the Miami Shores Village Hall commencing at 7:31 p.m. with the following members present: Mayor Johnson Herb Spahn Henry T. Courtney Stephen Loffredo Robert Cook Also present: Galt Macdonald William F. Fann Mayor Johnson and Lela Jacobson presented Mobile Patrol awards. Mayor Johnson presented the National Certificate For Excellence In Financial Reporting to Village Finance Director, Patricia Varney. ITEM *1 MINUTES Mr. Spahn moved approval of the minutes from the 2/18/92 Regular Council meeting. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mr. Spahn moved approval of the minutes from the Cable TV Public Hearing of 2/25/92. Mr. Courtney seconded the motion and the vote was unanimous in favor. Mayor Johnson acknowledged receipt of the minutes from the following meetings: Recreation Advisory Board 1/13/92 Planning and Zoning Board 1/23/92, 2/13/92 ITEM *2 PLANNING AND ZONING ITEMS: a. Request for approval of variance to permit room addition. Mr. LuBien introduced the item and stated .that the home was built before the Village was Incorporated and is non -conforming to the Code. Mr. Cook moved to accept P&Z's recommendation for approval. Mr. Spahn seconded the motion and the vote was unanimous in favor. b. Request for approval of waiver of plat. Mr. LuBien Introduced the item and stated that P&Z has approved the application. Mr. Fann stated that the applicant is not entitled to a waiver of plat until some conditions are met. He stated that the request is premature. Mr. Spahn moved to table the request for approval of the waiver of plat until conditions are corrected. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mr. Fann stated that when the conditions are corrected the waiver of plat will be automatic. He stated that If it were not for the existing conditions at this time the applicant would be entitled to the waiver. c. Report from the Planning and Zoning Board on the definition of gasoline station. Mayor Johnson stated that In the report the definition Is not changing; however, minor repair of automobiles is added to the permitted uses. Mr. Fernandez suggested not changing the definition of gas station but adding the new permitted use to the B2 zone. Mr. Fann stated that this Issue will come back before the Council and is on the agenda for reporting purposes only. The consensus of the Council was to approve adding minor repair of automobiles to the approved uses for the B2 zone. ITEM *3 APPOINTMENT TO THE ADVISORY BOARD ON HANDICAPPED SERVICES. Mayor Johnson advised the Council that this item has been deferred due to the applicant being unable to attend the meeting. ITEM *4 PRESENTATION OF ANNUAL FINANCIAL REPORT. Ms. Macdonald Introduced the Item and introduced Mr. Jerry Chiocca, Senior Partner for Rachlin and Cohen, and Maria Perez, Audit Manager. Mr. Chiocca stated that their firm has Issued a clean report on the Comprehensive Annual Financial Report. He stated that there were no irregularities or errors discovered by the auditors. He also stated that the City Is in a pretty good financial position. Discussion ensued regarding the Country Club Annual Financial Report. Mayor Johnson asked that the Village Financial Report be delivered to the Council by the last meeting In January next year. The auditors stated that it would not be a problem. Mr. Loffredo expressed his concern that the report for the Country Club Is not as complete as it has been in the past. Mr. Spahn stated that PCM only needs to report the figures that apply to the Village. Ms. Macdonald stated that the Village will get a report in August outlining what PCM spent in the prior year for capital outlay and what their plans are for the future. Mr. Loffredo stated that he would like to receive a capital report with the annual report. Mayor Johnson stated that the Club report Is not an audit report. He stated that he would prefer to see footnotes to the financial report. ITEM *5 REQUEST TO WAIVE BID PROCEDURES FOR THE PURCHASE OF FIREWORKS FOR THE 4TH OF JULY CELEBRATION. Ms. Macdonald reviewed the background stating that the Village has contracted with the same firm for the past 8 years and have been very satisfied with them. She recommended approval. Mr. Spahn moved approval. Mr. Loffredo seconded the motion and the vote was unanimous in favor. ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING FUTURE USAGE OF 5 ACRES NORTH OF THE COUNTRY CLUB. Ms. Macdonald reviewed the background and asked Mr. Chuck Hart to make his presentation. Mr. Hart, Managing Partner for PCM, spoke about a Junior Golf program and the large number of students enrolled. He stated that his proposal for the use of the land would handle 30 people at a time and Is not just for students. He stated that the cost estimate Is $50,000 - $70,000 due to the high cost of irrigation. Mr. Tom Ireland, a partner with PCM, spoke about rumors regarding the future of the Country Club. He assured the Council that there is not one shred of truth in the rumors. He stated that PCM is Interested In operating a golf course and making a profit. Mr. Loffredo asked about the proposed chipping tee. Mr. Hart described the proposal. Mr. Cook asked If PCM has any plans for the remaining land. Mr. Hart replied overflow parking. Ms. Macdonald outlined the cost proposal for a vitacourse. Mr. Tom Laubenthal presented his plan for a vitacourse. He stated that the proposed cost Is $189,832 and is an unmanned facility. Mr. Spahn stated that PCM cannot use the land without the permission from the Village and that the Village can take back the land at any time. Mr. Courtney stated that he was concerned with the cost of the plan. Mr. Laubenthal stated that he will contribute his services as a landscape architect to continue the protect. Mr. Loffredo suggested combining PCM's protect with the vitacourse and build both facilities. Mayor Johnson stated that if DOT uses the land as a staging area that development of the land would not be for 3 years. Mr. Cook asked how estimates of costs could be reduced. Mr. Laubenthal outlined where costs could be reduced. Mr. Cook stated that Mr. Laubenthal's proposal Is the most cost efficient use of the property at 87 cents per square foot. Mr. Courtney stated that the combination plan Is a good Idea and that Mr. Laubenthal's Idea would be an enhancement to the area. Mr. Hart stated that he has no problem with a combination plan; however, the Club has a great need for parking which must be addressed. Mr. Courtney asked Mr. Laubenthal If he was agreeable to working with a combination plan. Mr. Laubenthal replied yes; however liability might be a problem. Mr. Ed Harrigan: Spoke about the commercial aspect of the Club. Mr. Mike Boyle: Asked what the Club will be getting from the Junior Golf Program. Mr. Hart stated that the program is a very long term marketing program. Mr. Mike Maguire: Spoke about the positive aspects of the Village. Mr. John Cahill: Spoke about commercial use of the land. Ms. Jacqueline Scott: Spoke about her concern with outsiders using the facility. Ms. Jeannie Botticelli: Concerned with the number of children using the facility. Mr. Bob Blum: Asked how the Village can get the land back from PCM. Mr. Spahn stated that the Village can get the land back at any time by giving PCM notice and reimbursing PCM for the depreciated value of any Improvements on the land. Mayor Johnson reviewed the language of the contract regarding reacquisition of the land. He stated that the cost is the market value of the Improvements. Mr. Cook stated that If the Village, at a later time wanted to reacquire the land the Village would be paying back the cost of the land Improvements which may appreciate not depreciate. Mr. Fann stated that the cost would be market value less depreciation of the Improvements. He stated that the cost of reacquisition would start at the cost of the improvements and go down as time goes on. He stated that a court would decide. Ms. Macdonald spoke about the the likelihood of nonresidents using a vltacourse. Ms. Margaret Burch: Mr. Brian Smith: Mr. Mark Sell: Mr. Richard Fernandez: Stated that the two plans combined Is a good Idea. Spoke about rumors and cautioned the Council on expanding the commercial use of the 5 acres. Asked why there is such a big rush to use the land. Stated that the real Issue is the control of the land. He suggested that the Village should reclaim the land then talk to PCM about using the land. Mr. Tom Laubenthal: Spoke about the number of residents who are Involved In the Club. Mr. Brian Gart: Spoke about dealing with PCM from a position of strength. Asked about PCM's plan for the rest of the land. Mr. Hart stated that PCM has no other proposal for the use of the property. Mr. Craig Sangerman: Asked why the residents would want PCM's proposal. Mayor Johnson stated that he would like to applaud the efforts of PCM to improve the Club. He spoke about rumors In the Village and stated that a vitacourse is a less intrusive use of the land and appeals to a greater number of residents. Mr. Cook stated that he agrees with the Mayor. He stated that Mr. Laubenthal has put forth the most acceptable idea. Mr. Courtney stated that he also agrees with the Mayor and stated that the land should be reclaimed as a park and not used as a golf course. Mr. Loffredo stated that the Village should be entitled to the land as a first step. He Moved .that the Village of Miami Shores exercise its option under the lease with PCM to reclaim the 5.4 acres north of the Country Club. Mr. Cook seconded the motion. Mr. Spahn asked to see a plan with the vitacourse and golf facility combined before any action is taken on reclaiming the land. The vote was taken and was as followes: Loffredo - Yes Courtney - Yes Mayor - Yes Cook - Yes Spahn - No The motion carried. Ms. Macdonald inquired about notifying PCM about the 180 day requirement In the contract for reclamation of the land. Mr. Hart stated that he waives the 180 day requirement. Mr. Loffredo moved to undertake negotiations with DOT to see what their needs are concerning a staging area for the building of the bridge and the Biscayne Boulevard project. Mr. Courtney seconded the motion and the vote was unanimous in favor. Mayor Johnson called for a recess at 10:28 p.m. The meeting was reconvened at 10:36 p.m. ITEM *7 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE MIAMI SHORES VILLAGE PENSION; AMENDING SECTION 18-40, MIAMI SHORES VILLAGE CODE TO AUTHORIZE THE PENSION BOARD TO INVEST THE ASSETS OF THE PENSION FUND IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE BOARD. Second and Final Reading, Mayor Johnson read the caption of the ordinance. Ms. Macdonald reviewed the background and recommended approval. Mr. Courtney moved to accept the final reading of the ordinance. Mr. Spahn seconded the motion and the vote was unanimous in favor. ITEM *8 REQUEST FOR AUTHORIZATION TO ENGAGE NEW TRUSTEES FOR VILLAGE PENSION PLAN. Ms. Macdonald reviewed the background and recommended that the Council authorize the Pension Board to engage Barnett Bank as the new trustee for the pension plan. Mr. Cook moved to accept the Pension Board's recommendation for authorization to use Barnett Bank. Mr. Spahn seconded the motion and the vote was unanimous in favor. ITEM *9 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *10 COUNCIL COMMENTS Mr. Spahn apologized to the Council with regard to his reaction to the rumors going around the Village. Mr. Cook spoke about attending the Student University and the passing away of Dale Donley. Mr. Courtney spoke about the tub chipper, air bags in the police cars and the future of the theater. Council at Barry ITEM *11 PUBLIC COMMENTS Mr. Mike Boyle: Spoke about the Country Club financial statement and Mr. Loffredo looking for more Information. Mr. Jim Condit: Asked about the financial position of the Village and spoke about the traffic study. Mr. Spahn asked Ms. Macdonald to review the traffic study contract. Mr. Charles Smith spoke about a house on his block. ITEM *12 ADJOURNMENT, The meeting was adjourned at 10:59 p.m. Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk Steven J'nsocl/ Mayor