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02-18-1986 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL February 18, 1986 The regular meeting of the Miami Shores Village Council was held on February 18, 1986 at Village Hall, commencing at 7:30 p.m., with the following members present: Mayor Karen Kirby Robert S. Butler, Jr. Kevin P. O'Connor Marty Stofik Absent: Elspeth Jensen Also Present: L.R. Forney, Jr., Village Manager William F. Fann, Jr., Village Attorney The meeting was opened with an invocation given by Father Clifford Horvath of the Episcopal Church of the Resurrection, followed by the Pledge of Allegiance. MINUTES. (a) The Council Meeting of February 4, 1986 - A motion was made by Mrs. Stofik to approve the minutes as written, seconded by Dr. Butler and passed unanimously. Receipt acknowledged: (b) Planning & Zoning Board 2/13/86. (c) Code Enforcement Board 2/6/86. (d) Recreation Advisory Committee 2/10/86. (e) Country Club Advisory Board 2/11/86. PRESENTATION. Mayor Kirby congratulated Ms. Angela Daley, owner of the Grand Concourse Apartments, 421 Grand Concourse, Miami Shores, for the Apartments being listed in the National Register of Historic Places. The Mayor presented a letter from George W. Percy, State Historic Preservation officer, which advised Ms. Daley of this official designation. Mrs. Margo Newton, Chairwoman of the Historic Preservation Board, announced that the State Historic Preservation Advisory Committee had approved the Board's grant application for funds to nominate more properties to the National Register. PLANNING & ZONING BOARD APPROVALS/DENIALS. (a) O'Boyle request for approval of final site plan (Jiffy Lube), Item 5, 2/13/86. Mr. Frank LuBien, Director of Building & Zoning, out- lined this request for final site plan and sign approval. Mr. Hal Hashemi, President of Jiffy Lube, presented the site plans to Council. Mr. LuBien noted that eleven parking spaces were now provided in the revised plans. Dr. Butler moved to uphold the approval by the Planning & Zoning Board of the O'Boyle request, seconded by Mrs. Stofik. The motion passed on a 3/1 vote, with Mayor Kirby dissenting. (b) Request for approval of pool deck, (Diego Beyra), Item 2, 2/13/86. Mr. O'Connor made a motion to grant approval of the Beyra request overriding the Planning & Zoning Board. The motion was seconded by Mrs. Stofik. In the discussion that followed, Mr. O'Connor questioned Mr. Robert Stobbs concerning the setback require- ments and a screen enclosure being erected on the slab. Mr. O'Connor amended his original motion and moved to grant a variance with the understanding it would be limited only to the 3 foot pad and not any other structure. Mrs. Stofik seconded the motion. Mayor Kirby stated she did not think there was a basis for granting a hardship variance. Mr. O'Connor moved to table this Item until the next meeting, seconded by Mrs. Stofik. The motion passed on a 3/1 vote, with Mayor Kirby dissenting. REPORT BY THE CHAIRMAN OF THE DOWNTOWN REVITALIZATION BOARD. Mr. Franklin Grau, Chairman of the Downtown Revitalization Board, reported to Council that Miami Shores tied for sixth place out of a total of seven entries for the Main Street Program. The primary reason given by the Selection Committee for Miami Shores not being selected was a lack of solid community support for the Main Street Program. Mr. Grau requested Council and residents to support the downtown revitalization effort and move ahead to revitalize the downtown area on Northeast 2nd Avenue. He explained that the Downtown Revitalization Board was firmly behind the downtown revi- talization project and was committed to hiring a project manager in the future. Mr. O'Connor stated he had received a letter from the Mayor of Bartow complimenting Miami Shores for giving an outstanding -2- presentation of their Main Street application. Mr. Grau expressed the Board's appreciation to all individuals that contributed time and effort toward the Main Street application. Mayor Kirby requested a written report explaining the results and reason why Miami Shores was not selected in the Main Street competition. Mr. Grau stated that he had requested the Committee to send a report. The Mayor also asked to examine the requirements for applying for the Main Street Program. Councilwoman Stofik commented that the unfortunate loss of the Main Street opportunity was due to the lack of unified support for the program. She reemphasized the need for revitaliza- tion of the 2nd Avenue area and called for support from all concerned. Mr. Gene Fabien commented on the problem created by the expected closing of the Provider. Mayor Kirby ruled that further discussion of the Downtown Revitalization would be delayed until public comments at the end of the meeting. ORDINANCE ADOPTING AND ENACTING MIAMI SHORES VILLAGE NEW CODE OF ORDINANCES. Second Reading. The Ordinance was read by title. Mrs. Stofik moved to adopt this Ordinance on second reading, seconded by Dr. Butler and passed unanimously. The Ordinance being entitled: ORDINANCE NO. 489-86 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR MIAMI SHORES VILLAGE; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. RECONSIDERATION OF PROPOSED CHANGES TO COMMERCIAL FILM ORDINANCE FROM FEBRUARY 4 MEETING. Mr. Forney explained that no action was taken on this item at the last Council meeting. Mrs. Stofik moved to adopt the Ordinance amending Section 19, of Chapter 13, seconded by Dr. Butler. The Village Manager pointed out that the effect of passing this Ordinance would be to send it to the Planning & Zoning Board for deliberation, since it only entails a proposal. Mrs. Stofik expressed her concern about the current Ordinance not defining what constitutes editorial photography. She -3- believed the Ordinance should be expanded to allow for four additional uses for commercial still photography to take place within the confines of the property per year. After further discussion, Mr. O'Connor moved to direct the Village Manager to send this item to the Planning & Zoning Board for further consideration, seconded by Mrs. Stofik. The motion passed on a 3/1 vote with Mr. O'Connor dissenting. RESOLUTION ESTABLISHING SPECIAL STUDY COMMITTEE ON COUNTRY CLUB. Remove from table. A motion was made by Mrs. Stofik to remove this item from the table, seconded by Dr. Butler, and passed unanimously. In the report to Council, Mr. Forney emphasized the importance of examining the structure of the Country Club and its relationship to the city. He suggested that Council establish a non-partisan blue ribbon committee to review the entire Country Club operation. A motion was made by Mrs. Stofik to establish this resolu- tion which would set up a committee to review the structure and operation of the Miami Shores Country Club. The motion was seconded by Mr. O'Connor. In the discussion that followed, Mrs. Stofik commented on some of the technical aspects of the Resolution that she thought should be changed. She suggested that members of Council might need to meet in order to give proper direction and input to the committee. Mrs. Stofik was concerned about appropriating $12,000 to the committee and allowing the Council -appointed members to the committee to select up to four additional persons to serve on the committee. Mayor Kirby was concerned about the $12,000 appropriation to the committee and the committee being permitted to appoint four additional members. Mr. O'Connor moved the following amendments to the Resolution: Paragraph 3 - The word "shall" in the first sentence of the third full paragraph be deleted and the word "may" substituted for that word "shall". Paragraph 5 be deleted and that a revision be substituted simply stating that the committee may come back to Council in the event it needs to apply for funding. -4- The second sentence in Paragraph 6 be deleted that reads "These five Council -appointed Members may select up to four additional persons to serve as Members of the committee." Mrs. Stofik seconded the motion. Dr. Butler stated the major problem with the Country Club was its public image. In the discussion that followed, concerned citizens and Council members voiced their opinions on establishing a committee to review the structure and operation of the Country Club, and what initiatives should be taken to improve the current financial situation at the Club. Mr. O'Connor's motion to amend the Resolution was defeated on a 2/2 vote, with Mayor Kirby and Dr. Butler dissenting. A five minute recess was taken at 9:15 p.m. The meeting reconvened at 9:20 p.m. REPORT ON LIGHTING THE ATHLETIC FIELDS AT COMMUNITY CENTER. Recreation Director. Mr. Forney outlined the installation and maintenance costs involved in lighting the athletic fields located at the Community Center. An estimate was prepared by Musco Sports Lighting, Inc., that projected installation costs of $101,580 and annual operating costs at $11,552 per year. It was explained that the Optimist Club was interested in contributing to the installation of the lights. Mr. J.D. Varney, Recreation Director, discussed how the estimates were arrived at and answered questions from Council concerning the lighting proposal. Mr. Bruce Remillard, Chairman of the Optimist Club's Project Feasibility Committee, discussed the Optimist Club's support for the lighting project. He elaborated on the advantages to be gained by lighting the Athletic Fields, including the scheduling of adult leagues at night, obtaining better coaching, and greater flexibility to schedule youth games and practices. Mr. O'Connor explained that lighting the fields would create better utilization of the facilities and increase adult/ children participation in athletic programs. Mayor Kirby was concerned about the added lighting disturbing residents on Park Drive. -5- Dr. Butler did not believe the benefits outweighed the cost of installing and maintaining lighting at the athletic fields. Mr. O'Connor pointed out that a cost analysis would probably justify lighting the fields based on the savings that could be derived by voluntary help replacing paid coaches. Mr. Ralph Bowen, a resident of Miami Shores, submitted a petition to Council naming residents of Miami Shores who were in firm opposition to the concept of placing lights on the playing areas of the Miami Shores Community Center. Several members of the public commented on the affect of lighting the athletic fields. Mr. Varney explained where the lights would be located on the athletic fields. Mr. O'Connor moved that Council instruct the Village Administration to include for consideration in the capital portion of next year's fiscal budget a Village expenditure in the amount recommended by the department head; however, as a caveat to that, the expenditure of tax dollars be offset to the maximum extent possible by private contributions, and the matter to then be considered once the cost is exactly determined, at which time all residents would be given an opportunity to express themselves on the issue. The motion was seconded by Mrs. Stofik. Dr. Butler expressed his concern about asking service clubs to commit to a figure for funds that would have to be raised by service club activities. The motion passed on a 3/1 vote with Dr. Butler dissenting. PROPOSAL FROM COUNTRY CLUB MEMBERSHIP COMMITTEE. Mr. Mel Roberts, Chairman of the Country Club Membership Committee, requested that Council consider a proposal from the Committee to make a one time exception to policy and permit persons who were club members last year, but did not join on the first of October, to rejoin now on a pro -rated basis for the balance of the year. These new members would be charged 7/12ths of the regular membership fee and be assessed a $100.00 minimum assessment. Mr. O'Connor moved to amend the agenda on an emergency basis to include a modification of the fee structure at the Country Club in accordance with the provision of the Country Club Membership Committee. The motion was seconded by Dr. Butler and passed unanimously. Mr. O'Connor moved to amend the dues structures in accordance with the proposal of the Country Club Membership -6- Committee on a one-time basis, only, to charge 7/12ths on pro -rated dues and a $100.00 assessment to 1984-1985 former Country Club members effective for the remainder of the fiscal year. The motion was seconded by Dr. Butler and passed unanimously. VILLAGE MANAGER'S REPORT. (a) Memo on Country Club Financial Report. Mr. Forney discussed the highlights of the Report. Two encouraging signs were that dining room revenues were up and golf play had increased. (b) Country Club Membership Report. (c) Investment Report. (d) Waiver of Requirements to Commercial Film Ordinance. Mr. Forney explained that he had granted a waiver of a $50.00 fee to Miami Shores Village for a commercial still film project on February 6, being conducted by North Shore Hospital. He also granted a waiver to Miami Shores Village to permit commer- cial filming to be conducted on Wednesday, February 19, until 8:30 p.m. by Florida Power and Light Company. ANNOUNCEMENTS. (a) Thirty-seventh annual Kiwanis Barbecue, Thursday, February 20, 1986, at the Miami Shores Country Club, from 4:30-8:30 p.m. (b) Family Dinner and Movie Night, Saturday, March 1, 1986, at the Country Club, 5:00-8:00 p.m. (c) All residents are invited to join Mayor Kirby for a day at Gulfstream Park on March 5, 1986, from 11:00 a.m. to 4:30 p.m. (d) First Annual Miami Shores Sun Festival, Saturday, March 8, 1986, 10:00 a.m. - 3:00 p.m. (e) Mayor Kirby announced that Mr. O'Connor had been appointed to the Communication and Transportation Policy Committee of the National League of Cities. He also serves as Director of the Florida League of Cities. (f) The Mayor congratulated all members of the Pension Board for doing an outstanding job in assisting the Pension Fund in attaining an annual return of 18.4%. -7- COUNCIL COMMENTS. Mrs. Stofik extended her sympathy to the family of Commissioner Goldman. Dr. Butler commented on the performance of the Pension Fund and invited the public to the Kiwanis Barbecue. PUBLIC COMMENTS. Mrs. Spear commented on her letter to Council concerning the Commercial Filming Ordinance. The meeting was adjourned at 10:45 p.m. ATTEST: L.R. Forney, Jr. Village Manager BY: Ran• 'u ter Deputy pillage Clerk _g_ Karen Kirby Mayor