05-21-1985 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
May 21, 1985
The regular meeting of the Miami Shores Village Council was
held on May 21, 1985, at the Village Hall, commencing at 7:30p.m., with
the following members present:
Mayor Karen Kirby
Robert S. Butler, Jr.
Kevin P. O'Connor
Elspeth Jensen
Marty Stofik
Absent: None
Also Present: L.R. Forney, Jr., Village Manager
William 0. Yates, Acting Village Attorney
The meeting was opened with an invocation given by Reverend
Clifford Horvath of Episcopal Church of the Resurrection, followed by the
Pledge of Allegiance.
MINUTES.
(a) Council meeting of May 7, 1985 - approved as written by a motion made
by Mrs. Stofik, seconded by Dr. Butler and passed unanimously.
(b) Council Workshop on Commercial Filming of May 14, 1985 - approved as
written by a motion made by Dr. Butler, seconded by Mrs. Jensen and
passed unanimously.
Receipt acknowledged:
(c) Code Enforcement Board Workshop 5/2/85.
(d) Beautification Committee 4/29/85.
(e) Country Club Advisory Board 4/25/85.
PLANNING & ZONING BOARD APPROVALS/DENIALS.
(a) Greenberg Appeal, Item 5 of meeting held on April 11, 1985.
Mr. Frank LuBien, Director of Building & Zoning, reported that
Mr. Greenberg's request to place a utility shed on his property was denied
by the Planning & Zoning Board because it did not comply with setback
regulations.
Mr. O'Connor moved to affirm the findings of the Planning &
Zoning Board.
Mrs. Jensen seconded the motion and passed unanimously.
(b) Schafer Appeal, item 4 of meeting held on April 25, 1985.
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The Schafer appeal was deferred to the Council meeting of
June 4, 1985 at Mr. Schafer's request.
REQUEST OF JOHN MILITANA TO VACATE THE VILLAGE RIGHT-OF-WAY.
In a report to Council, Mr. Forney recommended that Mr. Militana's
request to have the City vaeate the public right-of-way immediately behind his
building at 8801 Biscayne Boulevard be approved. Mr. Forney explained that
Council's concurrence with the request would permit Mr. Militana to proceed
with legal requirements associated with the formal vacation of this alleyway.
This action would add property to the Village tax rolls. It will require the
adoption of an ordinance which will come before the Council at a later time.
Mr. O'Connor moved to draft a resolution to endorse Mr. Militana's
program to vacate the right-of-way. Dr. Butler seconded the motion and
passed unanimously.
ORDINANCE AMENDING SUB -PARAGRAPH (b)(2) OF SECTION 504 OF ARTICLE V OF
ORDINANCE 270 REGARDING SIGNS. Second and Final Reading.
Following a reading by title, Mrs. Stofik moved to adopt the
Ordinance as written. Dr. Butler seconded the motion.
Mr. LuBien presented several examples of the different sizes
of real estate signs used in surrounding communities. Mrs. Jensen moved
to amend the ordinance as written in Section 2 and 3 from "not exceeding
three square feet in area" to"not exceeding 40 square inches in area".
Mr. O'Connor seconded the motion.
In the discussion that followed, realtors and concerned citizens
commented on the pros and cons of altering the size of real estate signs.
Mr. O'Connor moved to table the Ordinance, seconded by Mrs. Stofik. The
motion passed 4/1 with Dr. Butler dissenting. The Council agreed to direct
the Planning & Zoning Board to hold a public hearing on the issue regarding
the size of real estate signs.
ORDINANCE REGULATING TELEVISION AND FILMING ACTIVITY. First Reading.
The Ordinance was read by title. Mrs. Stofik moved to approve
the ordinance on first reading. Dr. Butler seconded the motion.
Mrs. Stofik stated the ordinance should address the issue of
restricting filming activity in residential rather than commercial areas.
In the lengthy discussion that followed, several representatives of the
filming industry expressed concern over the ordinance being too restrictive
in terms of the liability insurance requirement, the time of filming, and
the number of permits allotted per year. They requested that members of
the administration meet with them to discuss less stringent alternative
proposals.
Mr. O'Connor moved to table the item until the Village
Administration could prepare a revised ordinance. Mrs. Stofik seconded
the motion and passed unanimously.
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A recess was called for five minutes.
APPOINTMENT TO CODE ENFORCEMENT BOARD.
Applications were received from Mr. Hank Gaggstatter, and
Mr. Edward Harrigan for the position on the Code. Enforcement Board
created by the resignation of Mr. Ken Cutchens. The term of office
expires in September, 1985. Mr. O'Connor nominated Mr. Richard Groden
for the position. Dr. Butler moved to table this item, however,the
motion was not seconded. Byi.a 3/2 ballot vote, Mr. Groden was appointed.
APPOINTMENT TO HISTORIC PRESERVATION BOARD.
A total of four individuals applied for two positions on the
Historic Preservation Board vacated due to resignations submitted by
Mrs. Marty Stofik and Mr. Ralph Renick. The applicants for the position
expiring in September, 1985 included:
Ms. Addea Colangelo
Ms. Elaine Fischer
Mr. Richard Groden
Ms. Vivian Donnell Rodriguez
By ballot vote Ms. Colangelo and Ms. Rodriguez were appointed.
APPOINTMENT TO FINE ARTS COMMISSION.
Ms. Sue McIntosh and Ms. Elaine Fischer applied for the vacancy
on the Fine Arts Commission expiring in September, 1985. Ms.; McIntosh was
appointed by ballot vote.
PRESENTATION OF CAPITAL IMPROVEMENT PLAN.
Mr. Forney presented the five year Capital Improvement Plan to
Council.
SUGGESTION TO ORGANIZE A MUNICIPAL FUNDING COMMITTEE.
Mrs. Stofik suggested that Council consider a proposal to form
a panel of citizens familiar with finance and municipal funding to review
and identify the development and expansion of revenue sources. The Council
reached a consensus to have the Village Manager prepare a resolution to
establish such a committee.
VILLAGE MANAGER'S REPORT.
(a) Investment Report.
(b) Country Club Financial Report.
(c) Country Club Membership Report.
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ANNOUNCEMENTS.
(a) Healthwise Day, Community Center, 5/23/85.
(b) Memorial Day Observance, Memorial Park, 5/27/85.
(c) Members of Miami Shores Mobile. Crime Watch will be presented
a Citizen's Involvement Award from Dade County Citizens Crime
Watch at the Council meeting of June 4, 1985 at 7:30p.m.
COUNCIL COMMENTS.
Mrs. Stofik expressed appreciation to individuals who have been
involved in recent fire fighting activities attributed to the dry season.
Mr. O'Connor commended Mayor Kirby for running a smooth meeting
and on her active participation in community affairs.
Mayor Kirby encouraged interested parties to participate in public
hearings.
Dr. Butler stated that prior notification of public hearings was
adequate and citizens should address their concerns at these hearings.
Mrs. Jensen requested that names of members of Miami Shores Mobile
Crime Watch being recognized for their citizen involvement be placed in the
Village Newsletter.
PUBLIC COMMENT.
Mr. Jack Rengstl suggested that citizens of Miami Shores be limited
to serving on only one board or committee. He commented on the enforcement of
regulations pertaining to garage sales and future proposals to be recommended
by the Country Club Advisory Board.
ADJOURNMENT. 10:20p.m.
APPROVED:
A4h--
Karen Kirby
Mayor
L//
L.R. Forney, Jr.
Village Clerk
BY:
R.ndy /. Nutte
eputy Clerk