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05-17-1994 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MAY 17, 1994 The regular meeting of the Miami Shores Village Council was held on May 17, 1994, at Miami Shores Village Hall commencing at 7:37 p.m. with the following members present: Present: Mayor Heffernan Robert Cook Richard Fernandez Steven J. Johnson Also present: Michael R. Couzzo, Jr. Scott W. Davis Absent: Michael Boyle A United States flag that was flown over the Capital Building In Washington DC was presented to the Village, from the Masonic Lodge by John Davenport. Mayor Heffernan presented a plaque to Louis Imburgia for his generous donation to the community. Mayor Heffernan and Lela Jacobson presented Mobile Crime Watch Awards to Mobile Crime Watch patrollers. Mayor Heffernan presented a Proclamation to Village Clerk, Scott Davis for Municipal Clerks Week. CONSIDERATIONS: ITEM *1 VILLAGE CLERK: Mr. Scott Davis A. MINUTES Mr. Fernandez moved approval of the minutes of the May 5, 1994 Regular Council Meeting. Mr. Johnson asked that the minutes be amended by striking out the end of the sentence after (Council/ Manager) In Item *3. Mr. Johnson seconded the motion and the vote was unanimous In favor. Mr. Davis presented the minutes from the following meetings and the Council acknowledged receipt: Code Enforcement Board 4/7/94 Planning and Zoning 4/28/94 B. AN ORDINANCE AMENDING SECTION 516 (C) (2) A 1; LIMITING LOCATION OF DISH ANTENNAS TO REAR YARD. Mr. Davis stated that at the request of the Village Manager this item was withdrawn for further Input by staff. C. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 9-43 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; AUTHORIZING VILLAGE MANAGER TO WAIVE PAYMENT OF DELINQUENT CHARGES AND INTEREST FOR ONE PAYMENT A YEAR AND AUTHORIZING PAYMENT OF WASTE FEES ON A PRO RATA MONTHLY BASIS, SUBJECT TO A SERVICE CHARGE THEREON. PROVIDING FOR EFFECTIVE DATE. The Village Clerk read the caption of the item and the Village Manager reviewed the background. Mr. Cook and Mr. Fernandez gave examples of how the proposed ordinance would benefit the residents and stated that they supported the ordinance. Mr. Cook moved approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. D. A RESOLUTION AMENDING RESOLUTION NUMBER 615 OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE AUTHORIZING THE COUNCIL TO SUSPEND ONE OR MORE REGULARLY SCHEDULED COUNCIL MEETINGS. The Village Clerk read the caption of the resolution and the Village Manager reviewed the background. Mr. Fernandez questioned how the mechanism would be put In place to cancel a meeting in the future. Mr. Couzzo explained the procedure. Mr. Cook stated that a Special Council meeting could be called If the need arises. Mr. Fernandez moved to approve the resolution. Mr. Johnson seconded the motion and the vote was unanimous In favor. E. DISCUSSION AND POSSIBLE ACTION REGARDING SELECTION OF DATES FOR THE RECESSING OF COUNCIL. Mr. Couzzo, through the Village Clerk suggested July 10th - August 7th. Mr. Fernandez stated that he was not In favor of canceling 2 meetings in a row. He stated that the suggested dates could be critical meetings. Mr. Johnson and Mr. Fernandez suggested waiting until Mr. Boyle Is In attendance before a date Is selected. ITEM *2 BUILDING AND ZONING; MR. Frank Lubien A. REQUEST FOR APPROVAL OF VARIANCE TO PERMIT CONSTRUCTION OF A 54 UNIT CONDOMINIUM. Mr. Lubien reviewed the background. Mr. Ken Kinsella, developer, reviewed the location of the protect. Mr. Ed Fitchett, project architect, delivered a presentation regarding the design of the building. Mr. Fernandez inquired whether the applicant for the variance has to be the owner of the property. Mr. Fann replied yes. Mr. Lubien stated that the owner was the applicant. Mr. Fernandez Inquired whether the Council has a hardship case or a request for re -zoning. Mr. Fann replied that the request constitutes re -zoning and that he sees no hardship in this case. He stated that there Is no basis for granting a variance. Mr. Fernandez stated that the request is for 100% variance In height. He stated that the history of Miami Shores Is to not grant variances. He suggested that the Council might want to change the code to accommodate the request. Mr. Fitchett stated that the developer has the Interest of Miami Shores when the building was designed. Mr. Fann stated that the protect presents insurmountable trouble to defend the code In the future If a variance is granted. Mr. Johnson stated that this Is a very friendly situation and every aspect of the protect Is favorable. He stated that he shares some of the same concerns of Mr. Fernandez and Mr. Fann. He stated that he endorses Mr. Fernandez's idea to change the zoning of the property so the protect can proceed without the variance. Mr. Fitchett stated that this project will not Impact the surrounding neighborhood. Mr. Cook spoke about Miami Shores being mostly single family homes. He stated that the Council should direct the P&Z Board to look at Al and A2 districts and look at zoning requirements for the districts. He stated that Council cannot support the request because it Is a zoning change. Mr. Fernandez moved that the variance be denied. Mr. Johnson seconded the motion. Mayor Heffernan stated that the developer does not qualify for a variance because there Is no hardship as required by the Code. Mayor Heffernan asked the Village Attorney to attend P&Z Board meetings for at lease 6 months. Mr. Fitchett stated that the property was available for 20 years and that the proposed project would be an asset to the Village. Mr. Cook suggested that the Council direct the P&Z Board to look at the Al and A2 districts and possibly creating a separate zone for this property. Mr. Fernandez spoke about concurrency Issues and suggested presenting the Issue to the P&Z Board at the next Council meeting. He asked If a deal was made to put In a police sub -station to get a variance. Mr. Couzzo stated that there was no deal made from his office. The vote was taken for the motion on the floor and the vote was unanimous In favor. Ms. Joan Grady asked If the Item can be tabled for future consideration. Mayor Heffernan stated that the variance has already been denied. ITEM *3 POLICE DEPARTMENT: Chief Zoovas A. REQUEST TO APPROPRIATE FORFEITURE FUNDS FOR THE PURCHASE OF NIGHT VISION EQUIPMENT. Mr. Couzzo reviewed the request and stated that the request Is for state of the art equipment, that the Police Department has to borrow equipment now and that he recommended supporting the request. Mr. Fernandez reviewed the use of forfeiture funds and asked for a 5 year projection on maintenance of the equipment. Mr. Couzzo stated that the equipment was maintenance free. Mr. Fernandez moved for approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *4 ANNOUNCEMENTS: The Village Clerk read the announcements. ITEM *5 PUBLIC COMMENTS Ms. Loretta Olson: Mr. TF Chambers: Mr. Ed Harrigan: Ms. Ann Vigneron: Mr. Mike Maguire: Spoke about senior citizens the new bus Spoke about response time of the Police Department. Spoke about the new fire station. Spoke about the proposed condominium on 105th Street. Spoke about the Sunshine Law and a memo written by the Clerk to the Village Manager. trips on ITEM *6 COUNCIL COMMENTS Mr. Fernandez spoke about a new addition to the Village , Emily Sell. He also spoke about the Interest of the Bass museum moving to the NE 2nd Avenue area. Mr. Johnson spoke about the Bass museum and the Shores Performing Arts Theater. Mr. Cook spoke about a karate class taught by Danny Lemus and that Mr. Lemus Is looking for sponsorship for a tournament. Mayor Heffernan spoke In opposition to the repealing of the 6 cents gas tax and he announced that there will be two signs placed on 195 for the Village of Miami Shores. He also spoke about the Memorial Day celebration. ITEM *7 ADJOURNMENT The meeting was adjourned at 9:30 p.m. By.• Scott W. Davis Village Clerk SIGNATURE PAGE FOR MINUTES OF MAY 17, 1994, VILLAGE COUNCIL MEETING.