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03-04-1986 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL March 4, 1986 The regular meeting of the Miami Shores Village Council was held on March 4, 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 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 Mr. Edgar C. Bundy, a resident of Miami Shores, followed by the Pledge of Allegiance. MINUTES. (a) The Pre -Council Conference Meeting of February 18, 1986 - A motion was made by Mrs. Stofik to approve the minutes as written, seconded by Dr. Butler and passed unanimously. (b) The Regular Council Meeting of February 18, 1986 - Dr. Butler moved to approve the minutes as written, seconded by Mrs. Stofik. Mrs. Stofik requested that the word "still" photography, located in the last paragraph on page 3 be changed to "editorial" photography. The minutes, as amended, were passed unanimously. Receipt acknowledged: (c) Planning & Zoning Board 2/27/86. (d) Historic Preservation Board 2/24/86. (e) Planning & Zoning Board and Downtown Revitalization Board 2/20/86. (f) Pension Board 2/12/86. (g) Country Club Advisory Board 2/11/86. PLANNING & ZONING BOARD APPROVALS/DENIALS. (a) Request for approval of pool deck, (Diego Beyra), Item 2, 2/13/86. (Remove from table). Mrs. Stofik moved to remove this item from the table, seconded by Dr. Butler and passed unanimously. Mr. O'Connor moved to overturn the decision of the Planning & Zoning Board, which was to deny the Beyra request for a variance, and, in effect, approve this request for a variance. The motion was seconded by Dr. Butler. Mr. Frank LuBien, Director of Building & Zoning, explained that this request involved the installation of a pool deck to an existing pool. The pool encroached 22 feet into the required set- back. A deck was added to the pool, thereby encroaching on the required set -back for the pool deck. This request would require Council to grant a 3 foot variance. Mr. Robert Rossi, representing the Planning & Zoning Board, explained that the Planning & Zoning Board had denied the request because there was no evidence that a hardship existed. The Board was also concerned about the applicant constructing a screen enclosure around the pool deck. After discussion, Dr. Butler moved to amend Mr. O'Connor's motion to put a stipulation on this variance that no additional construction over or above this particular pool area be permitted without Council approval. Mr. O'Connor seconded the motion. The motion, as amended, passed unanimously. (b) Request by Shores Square for approval of plans for exterior alterations and preliminary site plan, Item 2, 2/27/86. Mr. LuBien outlined this application requesting approval for changes to the exterior of the structure and preliminary site plan approval for a new building located in a B-2 zone. Mr. Rossi stated that the Planning & Zoning Board had unanimously approved the sign, reconstruction on the existing building and preliminary site plan for the new building. Mrs. Stofik moved to approve the plans for exterior alteration and preliminary site plans as outlined in Item 2, of the Planning & Zoning Board Meeting of February 27, 1986. Dr. Butler seconded the motion and passed unanimously. ORDINANCE AMENDING COMMERCIAL FILM ORDINANCE. First Reading. In a report to Council, Mr. Forney explained that this proposed Ordinance change had been prepared in response to Council's request to modify the restrictions on commercial still picture origination. This proposed Ordinance Amendment was drafted in accordance with the requests presented to the Council -2- by Ms. Suzanne Spear and would remove all restrictions from commercial still picture origination. It would become a per- mitted use in a residential area. The proposed Ordinance change would also eliminate all licensing and fee requirements necessary to conduct commercial still picture business in Miami Shores. This proposed Ordinance Amendment was presented to the Planning & Zoning Board for their consideration at a public hearing held on February 27. The Planning & Zoning Board decided unanimously that they did not wish to recommend to the Village Council any amendment to the existing Commercial Picture Ordinance. The Board expressed their concern about opening residen- tial areas for commercial use. Dr. Butler reported on his proposed amendment to the Ordinance. He suggested that Section 1, Paragraph 11, be amended to read: "Commercial picture origination of television or motion picture films, or commercial still picture origination exceeding in size that permitted in Paragraph 12 below, when authorized by license from Miami Shores Village Ordinances with reference to licensing costs, hours of permitted activity and other appropriate conditions." Section 1, Paragraph 12, be amended to read: "Commercial still picture origination which requires ten or fewer people and no more than three four -wheeled vehicles"; and Section 2, Paragraph (G), be amended to read: "The business of commercial picture origination of television or motion picture films, or commercial still picture origination requiring a license under the terms of Miami Shores Village Zoning Ordinance No. 270, per license period - $100.00." The purpose of the proposal was to place restrictions on commercial filming in order to prevent major distrubances. Mrs. Stofik outlined her proposed amendment to the filming ordinance as follows: Section 2, Paragraph (G), (5), would be amended to read: "No location shall be licensed more than eight times during a twelve-month period. No more than four licenses shall be issued for commercial television or motion picture origination. There shall be a -3- minimum period of thirty days of inactivity following the expiration of each license. All licenses shall be exhibited upon request of the Miami Shores Village Police or Building & Zoning Department." This proposal would increase the number of commercial filming activities by four times over what is currently permitted Council members and the public engaged in a lengthy discussion concerning the pros and cons of amending the current ordinance on commercial filming. Mr. Rossi pointed out that only two people attended the public hearing held by the Planning & Zoning Board regarding this ordinance. One citizen was for the ordinance; the other was against it, because it was too restrictive. Ms. Suzanne Spear read into the record a letter addressed to Council requesting that the current ordinance be revised to permit unlimited still photography in the homes of Miami Shores residents. (See attached). Dr. Butler moved to amend the current ordinance to allow an additional eight filming times over and above the four originally designated, that they fall within the same time restrictions of thirty days inbetween each session, with any variance allowed from the Village Manager's office; and on these eight additional times designated as still photography, that they be limited to no more than ten people and three vehicles (vehicles defined as four wheel - nothing larger); and that these film sessions on still photography fall within the same time purviews as the other commercial filming; which is the number of hours during the week days, not on weekends or holidays. The motion was seconded by Mr. O'Connor. In the discussion that followed, Dr. Butler explained that there would be thirty days between each of the twelve permitted filmings. The Village Manager would retain authority administra- tively to make exceptions at his discretion. The current fee schedule would remain the same. Dr. Butler, in summarizing, stated his amendment would allow eight additional filmings within the same time frame, the same fee schedule, and the same administrative management. Mayor Kirby requested that Council consider adding a separate paragraph to address still photography and commercial photography. She also requested that four commercial film acti- vities and eight still photographies be permitted without the thirty days inbetween for the still photography. -4- Mr. O'Connor suggested that the Village Manager come back to Council with a recommendation concerning proposed changes to the existing ordinance; and that this issue not be sent to the Planning & Zoning Board again. Dr. Butler's amendment and Mr. O'Connor's suggestion were agreed to by a concensus of Council. SUMMER MEMBERSHIPS FOR COUNTRY CLUB. Mr. Forney explained that for the last three years, summer golf and tennis memberships had made a significant contri- bution to the Club during the slack summer months. The Country Club Advisory Board had again endorsed the concept of summer golf and tennis memberships for this year. It was proposed that the summer golf membership and summer tennis membership be offered for the five-month summer period from May 1 through September 30. These memberships would be available for $150.00. For the summer golf membership, there would be a requirement that a golf cart be used. Dr. Butler moved to approve the summer golf and tennis memberships for this year, seconded by Mrs. Jensen and passed unanimously. TENNIS AND BASKETBALL COURT RESURFACING. Mr. Forney explained that the low bid was received by Budge Tennis Corporation to resurface the tennis and basketball court. The amount budgeted for this expenditure was $13,000. Mr. O'Connor moved for acceptance of the bid by Budge Tennis Corporation for a slo-bounce surface, in the amount of $12,000, in accordance with the department head's recommendation. The motion was seconded by Dr. Butler and passed unanimously. ANNOUNCEMENTS. (a) First Annual Miami Shores Sun Festival, Saturday, March 8, 1986. (b) St. Patricks Day Dinner/Dance at the Country Club, Friday. March 14, 1986. COUNCIL COMMENTS. Mayor Kirby requested that the Village Manager provide the public with the most recent Downtown Revitalization Board Minutes upon request. -5- Mrs. Jensen expressed her appreciation to all the resi- dents and friends for their kindness and sympathy during the past weeks. Mr. Forney announced that the Downtown Revitalization Board Meeting would be held at 7:30 a.m. on Thursday, rather than 7:30 p.m. that same day. This was misprinted in the recent Neighbors announcement section. PUBLIC COMMENTS. Mr. Edward Harrigan commented on the scheduling of the Downtown Revitalization Board meetings not being conducive to public attendance. Mr. Wolfson commented on the recent meeting of the Planning & Zoning Board and the Downtown Revitalization Board concerning references made at the meeting to change certain zoning in the downtown area. Mr. Paul Buechele commented on free parking in the downtown area. The meeting was adjourned at 9:15 p.m. ATTEST: L.R. Forney, Jr. Village Clerk BY: Deputy Village Clerk -6- Karen Kirby Mayor