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04-01-1986 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL APRIL 1, 1986 The regular meeting of the Miami Shores Village council was held on April 1, 1986 at the 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 Rev. John A. Stroman of Rader Memorial Methodist Church, followed by the Pledge of Allegiance. MINUTES. (a) The Pre -Council Meeting of March 18, 1986 - A motion was made by Mrs. Stofik to approve the minutes as written, seconded by Mr. O'Connor, and passed unanimously. (b) The Council Meeting of March 18, 1986 - A motion was made by Mrs. Stofik to approve the minutes as written, seconded by Mr. O'Connor, and passed unanimously. Receipt Acknowledged: (c) Planning and Zoning Board 3/27/86 and 3/13/86. (d) Historic Preservation Board 3/17/86. (e) Country Club Advisory Board 3/11/86. Mr. Fann responded to the Board's proposed resolution that the Village reimburse the Club Enterprise Fund for monies spent on obtaining the property north of the Club on Biscayne Blvd. He stated that as the Village has pledged the Club's earnings as payment for debt incurred for the land such a proposal would be illegal. (f) Downtown Revitalization Board 2/10/86. Mr. Fann responded to the Board's question concerning whether or not a citizen could libel the Village by stating that the Village would not sue a citizen for expressing an opinion. PLANNING AND ZONING BOARD ITEMS. (a) Irwin Pines Reality and Investment Corporation request for approval of signs for parking lot, Item 2, 3/27/86. Mr. O'Connor moved to uphold the decision of the Planning and Zoning Board. Dr. Butler seconded the motion. Mr. J. Robert Stobs, Chairman, Planning and Zoning Board explained the signs requested would require a variance to Sec. 504(f)(2) of the Code of Ordinances. 2 Mr. Steven Cronig, attorney representing Shore View Associates, requested the variance to permit self -policing of their parking spaces. After much discussion it was generally agreed that more planning was needed for parking for commercial enterprises on N.E. 2nd Avenue but that the problem must be dealt with by the Downtown Revitalization Board rather than piecemeal variances. Mr. O'Connor called the question on the motion to uphold the Building and Zoning decision. The motion passed unanimously. Mr. Cronig requested the Council consider his participation in a sub- committee for a study of parking should one be formed. (b) George Frix request for window sign, Item 3, 3/27/86. Mr. O'Connor moved the action of the Planning and Zoning Board be upheld. Mrs. Stofik seconded the motion. Mr. George Frix stated his sign was information not real estate and requested appoval of the sign in excess of 3 sq. ft. restrictions. After much discussion and recommendations from Dr. Butler to reword the sign, Mr. O'Connor called the question and the decision of the Building and Zoning Board was upheld unanimously. ORDINANCE AMENDING ORDINANCE 481-85, COMMERCIAL FILMING ORDINANCE. Second and final reading. AN ORDINANCE AMENDING ORDINANCE 481-85, OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, AND SCHEDULE OF REGULATIONS, BEING A PART OF ARTICLE IV OF THE MIAMI SHORES VILLAGE ORDINANCE NO. 270 EXPANDING THE NUMBER OF TIMES COMMERCIAL STILL PICTURE ORGININATION IS PERMITTED IN A RESIDENTIAL ZONE AND SETTING CERTAIN QUALIFICATIONS THEREON. Motion was made by Dr. Butter to approve the Ordinance on second reading, seconded by Mrs. Stofik. The motion was passed 4/1 with Mrs. Jensen dissenting. RESOLUTION ON PROPOSED LIBRARY TAX. RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE REQUESTING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO PROVIDE FOR ACCESS BY INDEPENDENT FREE PUBLIC LIBRARIES TO STATE LIBRARY GRANT FUNDING SOURCES. Mayor Kirby and Mrs. Stofik explained that a proposal is before the legislature this year to impose a 2% tax on the sale of new publications with the State of Florida for the benefit of the public library system. This additional tax would be imposed on purchases of publications for the Village's Brockway Memorial Library but the legislation would not permit Brockway's access to any of the funding benefits. 3 Mrs. Elizabeth Esper, Librarian, requested the Council's assistance in modifying the proposed legislation which discriminated against small libraries. Mrs. Stofik moved to approve the Resolution. Mr. O'Connor seconded the motion which passed unanimously. APPOINTMENT TO BEAUTIFICATION ADVISORY COMMITTEE. Mr. Forney recommended, with the endorsement of Mrs. Peggy Hayward, Chairman of the Committee, the appointment of Mrs. Mary C. Johnson for the vacancy to the term expiring September, 1987. Mrs. Jensen moved to accept the nomination of Mrs. Johnson, seconded by Mr. O'Connor and passed unanimously. SETTING OF PUBLIC HEARING DATE ON STREET BLOCKING PROPOSAL. Mr. Forney recommended holding a public hearing at 7:30 p.m.,,'May 13th, at the Community Center on the proposal to reengineer traffic patterns east of Biscayne Building. After discussion, May 8th was found to be a more convenient date. Advertisement of the hearing will be communicated to residents throug the Village Newsletter,iand through the "Neighbors". VILLAGE MANAGER'S REPORT. (a) Time Schedule on Proposed Charter Change. Mr. Forney advised the Council that he would have a charter change resolution concerning the election of Mayor prepared for the July 15th Council meeting. Such a resolution, he said, needed to be made at least 60 days and no more than 120 days prior to the scheduled general election ballot on November 4. (b) Update on Soccer Situation. Mr. Forney advised the Council that a public hearing with the Soccer Association was scheduled for Tuesday, April 8th. (c) Tentative Budget Schedule. Budget workshop, Mr. Forney explained, will be held between Monday, July 21, and Friday, August 1st. (d) April 22nd Election. Mr. Forney explained an error by the Election Committee in the wording of the ballot was caught and corrected before printing of the Village Hall Newsletter. However, the error was not corrected in the article about the election. 4 Dr. Butler requested that Mr. Forney clarify the meaning of a "yes" vote and a "no" vote. Mr. Forney explained that a "yes" vote meant to amend the zoning ordinance to permit a 6 ft. fence height in rear or side yards and a "no" vote meant to retain the current law which is a 5 ft. fence height. Mrs. Jensen asked if absentee ballots were available and Mr. Forney stated they were. Mr. Forney advised the Council that the Village's regular carrier of police professional liability insurance denied renewal and that Adjustco had picked up the insurance with a 100% increase in premiums from $6,500 to $13,000 for six months. Mr. Forney presented crime statistics extracted from the recent publication of the Florida Department of Law Enforcement Annual Report. An increase was: noted in the percentage change of 1985 over 1984 in auto thefts and larceny. In crimes significantly related to residents, robbery and burglary, the County experienced an increase of 5% while the Village decreased by 7.2% in the former and the County increased by 10.4% while the Village decreased by 13.4% in the latter. ANNOUNCEMENTS. (a) Spring Election at the Community Center, Tuesday, April 22, 1986. (b) April is Spring Cleaning Month. (c) Amnesty Week, Brockway Memorial Library, April 6-12. (d) Hialeah Day, April 23, Wednesday - sponsored by the Recreation Dept. (e) Comedy of Events, Saturday, April 19 - sponsored by the Recreation Dept. (f) Police Appreciation Day, Sunday, April 20 at the Country Club. COUNCIL COMMENTS. Mayor Kirby announced the Heritage Run, Saturday, April 5. Dr. Butler announced "The Taste of the Shores", Sunday, April 13th from 12 noon to 6:00 p.m. Mrs. Jensen announced Health Fair Day at the Community Center on May 2nd from 9:00 a.m. to 1:00 p.m. PUBLIC COMMENTS. Mr. Arthur Leeds and Mr. Jim Stuart commented on lack of communication on buffet price increases of the Country Club. Mr. Cliff Walters requested the Council set some standards for the Shores theater and suggested police officers be in close proximity to the theater after shows to deter rowdiness and the feasibility of passing an ordinance to enforce the movie industry's guidelines to age restrictions. The meeting was adjourned at 9:05 p.m. ATTEST: L.R Forney, Jr. Village Manager BY: Arla Clayton Secretary Karen Kirby Mayor