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08-06-1985 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL August 6, 1985 The regular meeting of the Miami Shores Village Council was held on August 6, 1985 at 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 Also Present: L.R. Forney, Jr., Village Manager William F. Fann, Jr., Village Attorney The meeting was opened with an invocation given by Reverend Frank Stevens of Miami Shores Christian Church followed by the Pledge of Allegiance. PRESENTATIONS (a) Mayor Kirby recognized the following visiting students of Miami Shores Elementary School who were invited by the Kiwanis Club of Miami Shores to observe how local government functions: Amy Leonard Susan Baggesen Tiffany Thompson Crystal Davis Louis Hart Michael Scheib (b) A Proclamation declaring Tuesday, August 13, 1985 as "National Night Out" in Miami Shores and enlisting the support of citizens in a special community crime prevention project was presented by Mayor Kirby to Mrs. Dottie Yates, Crime Watch Coordinator. (c) Mrs. Lela Jacobson, Coordinator of Miami Shores Mobile Crime Watch Patrol presented badges to members of Mobile Patrol listed below, honoring them for reaching 50 hours or more of service: Isadore Hankin Cleo Carr Frank Loughlin Roger Carley J.C. Brown Julia Richards James Condit Renee Rodney Dennis O'Kain Dick Bezdek Jack Dalrymple Bill Thomas Michael Codella -2 - MINUTES. (a) Council meeting of July 16, 1985 -approved as written by a motion made by Mrs. Stofik, seconded by Dr. Butler and passed unanimously. Receipt acknowledged: (b) Budget Workshops of 7/31/85, 7/30/85, 7/24/85, 7/23/85 and 7/22/85. Mayor Kirby requested the budget workshop minutes of 7/30/85 be amended to reflect that Mrs. Stofik did not agree with the proposal increasing cart and greens fees. (c) Code Enforcement Board 8/1/85. (d) Revenue Committee 7/29/85. (e) Planning & Zoning Board 7/25/85. (f) Historic Preservation Board 7/15/85. (g) Pension Board 7/11/85. (h) Fine Arts Commission 7/1/85. (i) Downtown Revitalization Board 6/20/85. PLANNING & ZONING BOARD APPROVALS/DENIALS. (a) Gray's appeal requesting approval of plans of masonry and wrought iron fence, Item 3, 7/25/85. Mr. Frank LuBien, Director of Building & Zoning, outlined an appeal made by Mr. Stuart Gray, 9820 Biscayne Building, requesting a variance in accordance with Section 518 of the Code of Ordinances to erect a masonry and wrought iron fence five feet high in his front yard. The maximum height permitted under the Code of Ordinances is 31 feet. Mr. LuBien reviewed with Council a location map and site plans which reflected the peculiar situation of Mr. Gray's property. Mr. Gray's front yard faces Biscayne Boulevard, and his side property lines are the rear property lines for adjoining neighbors. Mr. Robert Stobs, Chairman of the Planning & Zoning Board, reported that the Board found no grounds to recommend the variance. Mr. O'Connor moved to overturn the decision of the Planning and Zoning Board. Dr. Butler seconded the motion. Following Mr. Gray's presentation and Council comments the motion failed to pass by a unani- mous vote. Mrs. Stofik moved to have the Planning & Zoning Board review the ordinance regarding fences, with specific instruction to review the section dealing with side properties adjacent to front properties to determine if changes need to be made in that ordinance to alleviate this situation, either by reducing the height of the side walls or increasing the height of the front wall. Mr. O'Connor seconded the motion. Mrs. Jensen moved to amend the motion to be considered only in areas that are on busy streets, such as state roads and federal highways. Mrs. Stofik seconded the amendment and it passed unanimously. Mrs. Stofik's motion as amended passed unanimously. -3 - ORDINANCE ON COMMERCIAL PICTURE REGULATION. First Reading. Mr. Forney reviewed the recent history of commercial filming in Miami. Shores Village which led to the proposed ordinance. Currently, commercial filming is a prohibited activity in residential areas. Mr. Forney outlined the following major restrictions in the proposed ordinance which would permit commercial filming in residential areas: (1) Film activity would not exceed three consecutive days. (2) A license would be required by Miami Shores Village. (3) No license would be issued for film activities on Saturday, Sunday or legal holidays. (4) No film activity would take place between one hour after sunset and 7:OOa.m. the following morning. (5) No area would be used more than four times in a twelve month period; with a thirty day period of inactivity following the expiration of each license. (6) There would be requirements for insurance and police protection. (.7) A safety clause which allows the Village Manager to waive the filming restrictions if it is in the best interest of the Village. Mr. O'Connor moved to adopt the ordinance as proposed on first reading. Dr. Butler seconded the motion. Mr. Fann, Village Attorney in conjunction with the Planning & Zoning Board's decision advised the Council to not adopt the proposed ordinance because it would permit an intrustion into residential areas authorizing the manufacturing of films. Mayor Kirby passed the gavel to Acting Mayor Butler and made a motion to amend Section 2, paragraph (G), part (3) changing 7:00a.m. to 8:00a.m. The amendment failed for lack of a second. In the discussion that followed, interested citizens, repre- sentatives of the filming industry and Councilmembers commented on their concerns related to regulating commercial filming. Mrs. Stofik moved to amend Section 2, paragraph (g) of the ordinance by adding number (7) to read as follows: "The Village Manager may deny an application for a license if the applicant has failed to comply with these regulations during a preceding license period." The motion died for lack of a second. -4 - The proposed ordinance passed on first reading by a 4/1 roll call vote with Mayor Kirby, Dr. Butler, Mr. O'Connor and Mrs. Stofik in favor of the ordinance. Mrs. Jensen was opposed. Five minute recess. ORDINANCE ON UTILITY TAX INCREASE. First Reading. Following a reading by title, Mr. Forney explained that this ordinance would increase the utility tax to a flat 10% rate. This in- crease waspreviously approved at a budget workshop. Mrs. Stofik moved to adopt the ordinance on first reading, seconded by Dr. Butler and passed unanimously. ORDINANCE INCREASING WASTE FEES. First Reading. The proposed ordinance was read by title. Mr. Forney reported that this ordinance would increase residential garbage fees from $150.00 to $213.00 and permits two payments rather than one payment per year. It also increases commercial rates proportionately. Mrs. Stofik made a motion to adopt the ordinance on first reading, seconded by Dr. Butler and passed unanimously. ORDINANCE ON OCCUPATIONAL LICENSE TAX. First Reading. A motion was made to remove this item from the table by Mrs. Stofik, seconded by Dr. Butler and passed unanimously. The ordinance was read by title. Mr. Forney explained that the ordinance was being presented based on a recommendation from the Florida League of Cities and meets requirements of the Florida Statute. It would permit the Village to assess a license fee on insurance companies doing business in Miami Shores, but which do not have offices located here. Dr. Butler moved to adopt the ordinance on first reading, seconded by Mrs. Stofik and passed unanimously. ORDINANCE AUTHORIZING MULTIPLE TRUSTEES AND TRUST AGREEMENTS FOR PENSION BOARD. First Reading. Following a reading by title, Mr. Forney reported that a change from a single trustee to multiple trustees was necessary in the present ordinance to allow the Pension Board to split the responsibility for the management of pension fund portfolios among different trustees. Mr. O'Connor moved to adopt the ordinance amending Paragraph (2) of Section 17-21 and Section 17-23 of the Code of Ordinances be amended as set forth in the ordinance. The motion was seconded by Dr. Butler and passed unanimously. -5 - RESOLUTION ON COUNTRY CLUB FEES. The resolution was read by title. Mr. Forney outlined changes in the Country Club fee schedule that Council had reached a consensus on at a budget workshop. All memberships of the general and social type with no athletic privileges were increased $50. All athletic type memberships were increased by $100. General members would be required to pay a $25 greens fee and $20 cart fee. All memberships, except juniors, would be assessed a $200 annual dining room prepayment charge. The payments of all types could be made in two installments to the Country Club; one pay- ment due the first of October and one due the first of January. Mr. O'Connor moved to adopt the resolution repealing Resolution No. 771-84, seconded by Dr. Butler. Ms. Gail Macdonald presented five alternative proposals regarding increases in the golf, tennis and general memberships. Dr. Butler discussed the proposals. Councilmembers and concerned citizens commented on the pro- posals. Mr. O'Connor moved to amend the proposed resolution by adopting the provisions of Proposal E with the exception that the $125 increase per family golf resident be increased by only $100. The motion was seconded by Dr. Butler and passed on a 4/1 vote with Mrs. Jensen dissenting. Proposal E follows: Golf - $100 increase per Family Golf Resident - $100 increase per Single Golf Resident - $75 increase per Intermediate Golf Resident - $100 increase per Family Golf Non -Resident - $75 increase per Single Golf Non -Resident - $50 increase per Intermediate Golf Non -Resident Resident Tennis - $50 increase per membership $25 increase per membership Mr. O'Connor moved that the resolution as amended be adopted, seconded by Dr. Butler. The motion passed on a 3/2 vote with Mrs. Stofik and Mrs. Jensen dissenting, said resolution being entitled: RESOLUTION NO. 792-85 A RESOLUTION REPEALING RESOLUTION NO. 778-84 REGARDING COUNTRY CLUB FEES AND USE REGULA- TIONS; RE-ESTABLISHING MIAMI SHORES COUNTRY CLUB ANNUAL MEMBERSHIP FEES; DAILY GOLF AND TENNIS FEE; DEFINING MEMBERSHIPS AND REGULAT- ING PLAY. -6 - CHANGE TO* RECREATION COMPREHENSIVE PLAN. Mr. Forney reported to Council on changes in the fee schedule for the Recreation Department's Comprehensive Plan as outlined on page 7, 11.5 and 15 of the Comprehensive Plan. Mrs. Jensenmoved that the new fee schedule be adopted, seconded by Dr.. Butler and passed unanimously. CHANGE TO PAY PLAN REGARDING CEILING ON SALARIES. In a report to Council, Mr. Forney explained that the change would alter the pay plan by permitting payment of cost -of -Living increases to personnel who have reached the top of their pay range. Mrs. Jensen moved to adopt the amendment to Section 3 (f), page 5 of the Miami Shores Village Pay and Classification Plan, seconded by Dr. Butler and passed unanimously. REPORT ON MIAMI SHORES HISTORIC SITE SURVEY. Mrs. Margo Newton in a presentation outlined the detail of the Miami Shores Historic Site Survey involving the review of 532 properties and expressed appreciation to all the individuals that participated in the survey. *Mrs. Jensen left the meeting at 10:50p.m. LIGHTING IN PARKING LOT ACROSS FROM COMMUNITY CENTER. Mr. Forney reported to Council on a request made by the Presbyterian Church to put additional lighting in the parking lot located across from the Community Center which is owned by the church, but used extensively by patrons of the Community Center. The monthly cost for additional lighting would increase by $27 per month to $46.80. Dr. Butler moved to authorize the installation of the lights, seconded by Mr. O'Connor and passed unanimously. THIRD QUARTER BUDGET EXECUTION REVIEW. In a report to Council, Mr. Forney reviewed the budget figures for both revenues and expenditures as of June 30, 1985. As a result of the Budget Execution Review, it was reported that $160,000 less than had been budgeted for the current fiscal year would have to be drawn from the general fund reserve. The $160,000 was attributed to two factors: (1) The Village will expend $70,000 less than had been budgeted. (2) An anticpated increase in revenues of $90,000 over what had been budgeted. *corrected 8/21/85 -7 - Mr. Forney requested authorization from Council to transfer money between departments, in order to smooth out some deficits in particular departments. A breakdown follows: DEPARTMENT AMOUNT Legal, $403 Non -Departmental $5,850 Finance $4,500 Waste $27,000 Total $37,753 It was recommended to transfer the funds from the Non - Departmental account for Downtown Revitalization. Mrs. Stofik moved to transfer $37,753 from Downtown Revitalization, Non -Departmental, to the accounts outlined by Mr. Forney, seconded by Dr. Butler and passed unanimously. VILLAGE MANAGER'S REPORT. (a) Report on Golf Pro selection. Mr. Forney reported that Mr. Kelly W. Childs had been selected as the new Golf Pro at the Country Club. ANNOUNCEMENTS. (a) Public hearing on Tentative Budget and Proposed Millage-9/5/85 (b) Adoption of Final Budget and setting of Final Millage-9/11/85. ADJOURNMENT. 11:15p.m. APPROVED: Karen Kirby Mayor L.R. Forney, Jr. Village Clerk BY: Randy ter Deputy V' age Clerk