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02-04-1986 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL FEBRUARY 4, 1986 The regular meeting of the Miami Shores Village Council was held on February 4, 1986, at the Village Hall, commencing at 7:30 p.m., with the following members present: Absent: Also Present: Mayor Karen Kirby Robert S. Butler, Jr. Marty Stofik Kevin P. O'Connor - in Tallahassee testifying for the Florida League of Cities. Elspeth Jensen - I11. L.R.Ffbrney, Jr., Village Manager, William F. Fann, Jr., Village Attorney The meeting was opened by an invocation given by Rev. Matthew Kerestes of the Advent Lutheran Church, followed by the Pledge of Allegiance. MINUTES. (a) Pre -Council Conference Meeting of January 21, 1986 - Dr, Butler moved to approve the minutes as written, seconded by Mrs, Stofik, and passed unanimously. CO The Council meeting of January 21, 1986. - Mrs, Stofik made a motion to approve the minutes as written, seconded by Dr. Butler, Mayor Kirby requested that the third paragraph., item B on page 4 of the minutes be amended to include the following: The Mayor requested that Council consider pro --rating all memberships both old and new for the remainder of the fiscal year. No action was taken on her request. The __minutesas amended were approved unanimously. CO Counci1 Workshop of January 22, 1986 - Mrs, Stofik moved to approve the minutes as written, seconded by Dr. Butler and passed unanimously. Receipt Acknowledged: (d) Planning & Zontng Board Workshop 1-30-86, Cel Planning & Zonitng Board 1-23-86. Cfl Histroic Preservation Board 1-27-86 PLANNING & ZONING BOARD APPROVALS/DENIAL, Cal Lefkowitz requested for approval of re -roof, item 4, 1/23/86. Mr. Frank Lubien, Director of Building and Zoning, outlined this request for approval of a re -roof with fiberglass shingles which had a non -conforming roof. Reference was made to a letter from Mr. Walter Baggesen, a registered architect and a copy of the South Florida Building Code that stipulated the existing roof structure would not support a tile load. Therefore, the Planning & Zoning Board approved the request on the basis of hardship. A motion was made by Mrs. Stofik to uphold the Planning & Zoning Board decision approving the Lefkowitz request, seconded by Dr. Butler and passed unanimously. (b) Berry request for approval of construction sign, item 6, 1/23/86. Mr. LuBien explained that Mr. Berry was appealing to Council a request to place a pre -construction temporary sign at the building located at Biscayne Boulevard and 88th Terrace in Miami Shores. The Planning & Zoning Board denied the request because the code did not address this particular type of sign. Mrs. Stofik made a motion to overturn the Planning and Zoning Board decision and approve construction of the sign, seconded by Dr.Butler. After discussion, the motion which involved granting a variance to the real estate sign ordinance passed unanimously. ORDINANCE ADOPTING AND ENACTING MIAMI SHORES VILLAGE NEW CODE OR ORDINANCES. First reading. Mr. Forney explained that the recodification of Miami Shores Village Code of Ordinances was a process that had been initiated about three years ago. This process involved revising and cleaning up the language contained in the ordinances. No changes were made to any of the ordinances. A motion was made by Mrs. Stofik to adopt the new code of ordinances on first reading, seconded by Dr. Butler and passed unanimously. CONSIDERATION OF A PROPOSED AMENDMENT TO THE COMMERCIAL FILM ORDINANCE. Mr. Forney reported on changes contained in the proposed amendment to the commercial film ordinance discussed by Council at the pre -Council meeting conference held on January 21, 1986. The proposed changes included: 1. Eliminating all restrictions on still photography. 2. Commercial still photography would become an authorized use in a residential zone. 3. Establishing an appeal procedure to the Village Council on the Village Manager's decisions concerning the granting of waivers. He explained any proposed change to the commercial film ordinance would have to be referred to the Planning & Zoning Board for their review and recommendations based on public hearings. Dr. Butler requested that his proposal concerning the appeal procedure to the Village Council on the Manager's decisions for waivers be withdrawn. By consensus, Council agreed to Dr. Butler's request. Mrs. Stofik moved to amend Section 19, of Chapter 13, of the Miami Shores Village Code of Ordinances, and the Schedule of Regulations, being a part of Article 4 of the Miami Shores Village Ordinance No. 270. The motion was seconded by Dr. Butler. Mrs. Stofik stated that the proposal to eliminate all restrictions on still photography went far beyond the intentions of Council. She suggested that Council consider excluding a permit for those occasions when five or fewer people were involved in still photography that took place within the confines ofa house. Mayor Kirby suggested that the item be tabled due to the broad variations outlined in the proposed amendment. Ms. Suzanne Spear commented on her letter to Council concerning exclusions of a non-commercial nature that she felt should be incorporated into the commercial film ordinance. Ms. Gigi Gray, on behalf of Mr. John Mayo, reported on his letter to Council requesting that restrictions on still photography not be revoked. Several concerned citizens commented on the deterioration of the streets caused by the filming activities occurring at the "Pink House". Mrs. Stofik moved to amend Section 2,(G) 5, of the ordinance to read that in addition to four uses of a property for commercial or motion picture filming to allow four additional uses for commercial still photo- graphy to take place within the confines of the property per year. Mrs. Stofik pointed out that this motion would be referred to the Planning and Zoning Board for their recommendation. Dr. Butler expressed his reluctance to vote on the amendment in the absence of the other two Council members. Mrs. Stofik withdrew her original motion amending the filming ordinance. Mrs. Stofik moved to refer this matter to the Planning and Zoning Board with the intention of allowing additional use of the property for limited still commercial photography. The motion was seconded by Dr. Butler. The motion failed to pass on a 2/1 vote with Mayor Kirby dissenting. RESOLUTION ESTABLISHING A SPECIAL STUDY COMMITTEE ON THE COUNTRY CLUB. After the resolution was read by title, Mr. Forney outlined the major provisions of the proposed resolution as follows: (a) Established a committee to review the administrative and operating structure of Miami Shores Country Club. (b) Set a date of June 30, 1986 for the committee to report its findings and recommendations to Council. (c) Authorized the committee to conduct a survey of Miami Shores Village residents, schedule two public hearings, and seek professional advise from outside consultants. (d) Directed the Village Attorney to give legal advise to the committee. (e) Appropriated $12,000 from the Village non -departmental contingency fund to support the committee. (f) Provided for the appointment of one committee member by each Council member and the appointment of four additional persons by the committee. (g) The committee would be desolved on December 31, 1986. Mrs. Stofik moved to adopt the resolution establishing a committee to review the structure and operation of the Country Club, seconded by Dr. Butler. In the Council discussion that followed, Mayor Kirby and Dr. Butler were in favor of utilizing the services of a professional consulting firm to examine the situation at the Country Club. Mrs. Stofik advocated appointing a five member committee to work in conjunction with the professional consulting firm. Dr. Butler moved to table the item, seconded by Mrs. Stofik. The motion failed to pass on a 2/1 vote, with Mayor Kirby opposed. Following public discussion, Dr. Butler moved for a second time to table this item, seconded by Mrs. Stofik and passed unanimously. A RESOLUTION CALLING FOR A SPECIAL ELECTION IN MIAMI SHORES VILLAGE ON APRIL 22, 1986. Following a reading by title, Mrs. Stofik moved to adopt the resolution calling for a special election on fence heights. The motion was seconded by Dr. Butler and passed unanimously. The resolution being entitled: RESOLUTIQN NUMBER 80fl-86 RUQLUTTQN CALLING FOR SPECIAL ELECTION IN MIAMI SHORES VILLAGE, FLORIDA, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI SHORES VILLAGE A PROPOSAL FOR AMENDMENT TO PARAGRAPH (a) OF SECTION 518 OF MIAMI SHORES VILLAGE ORDINANCE NO. 270, AS AMENDED, TO INCREASE PERMITTED MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES IN ANY SIDE OR REAR YARD FROM FIVE FEET TO A PERMITTED HEIGHT OF SIX FEET; PROVIDING FOR A METHOD OF THE ELECTORS TO INDICATE APPROVAL OR DISAPPROVAL OF THE PROPOSED CHANGE; PROVIDING FOR SAMPLE BALLOT ON VOTING MACHINES; PROVIDING FOR CONDUCT AND MANNER OF SPECIAL ELECTIONS. VILLAGE MANAGERS REPORT. (a) Waiver of commercial film ordinance requirements. Mr. Forney reported to Council on two waivers granted to Ms. Suzanne Spear, one was for the filming of an automobile commercial at 9325 Bayshore Drive during the week of January 26th, the second waiver was for still photography by Sports Illustrated at the same address. ANNOUNCEMENTS. (a) Valentine''s Day Buffet at the Country Club, Friday, February 14th, 6 - 9 p.m. (b) Family movie night at the Country Club, Saturday, March 1st 8 - 9 p.m. COUNCIL COMMENTS. Mrs. Stofik congratulated Dade County on its 150th Birthday. Mayor Kirby announced the upcoming "Sun Festival" being sponsored by the Mayor's Task Force which will be held on March 8th, 1986. She encouraged residents interested in participating in the parade to contact Mr. Vince Schafineister. PUBLIC COMMENTS. Mr. Mel Roberts commented on the financial condition of the Country Club. Mr. Stofik moved to adjourn the meeting at 9:25 p.m., seconded by Dr. Butler and passed unanimously. -Q)26/L*4' Karen Kirby Mayor Attest: L.R. Forney, Jr. Village Manager By: Randy !/Nutter Deputy Village C1 -r 5