11-18-1986 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
November 18, 1986
The regular meeting of the Miami Shores Village Council was held on
November 18, 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 began with Reverend John A. Stroman, Rader Memorial Methodist
Church, giving the invocation which was followed by the Pledge of Allegiance.
Mayor Kirby read the Village Proclamation proclaiming November 17-22 as
Crime Watch Mobile Patrol Week. Dottie Yates, Citizens Crime Watch Coordinator,
read a letter and a Certificate of Recognition from Congressman William Lehman.
Mayor Kirby and Lela Jacobson, Mobile Patrol Coordinator, awarded pins to the
Mobile Patrollers.
MINUTES.
(a) The regular Council Meeting of November 4, 1986 -- Mrs. Stofik made a motion to
approve. Dr. Butler moved to amend the minutes to reflect the following changes
regarding the Planning and Zoning Board item: (1) An explanation why the motion
was tabled because of Mrs. Stofik's concern over historic preservation questions
and (2) Mr. O'Connor rather than Dr. Butler seconded the motion to table.
Mrs. Stofik agreed to the amendment. Approval of the minutes passed unanimously
to include these additions.
Receipt Acknowledged:
(b) Country Club Advisory Board 10/27/86.
(c) Code Enforcement Board 10/27/86.
(d) Beautification Advisory Committee 10/27/86.
(e) Planning and Zoning Board 11/13/86.
PLANNING AND ZONING BOARD.
(a) Request of Division of Land Without Plat by Robert A. Koppen for 501 N.E. 94 St.
Item 2, Minutes of October 23, 1986, Tabled November 4.
Mr. O'Connor made a motion to move from the table. Mrs. Stofik seconded.
Mr. O'Connor moved that the recommendation of the Planning and Zoning Board
be sustained. Dr. Butler seconded. Mrs. Stofik voiced her objection to the
division of land without plat and to the destruction of property which has
historic significance. Mr. O'Connor stated that he would not vote to overturn
the Planning and Zoning Board as that would impose on the right of a resident
to dispose of his property. The motion was passed by a 4/1 vote with
Mrs. Stofik dissenting.
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(b) John Militana's Request for Approval of Plans for Exterior Alterations.
8980-90 Biscayne Blvd., 8955-75 N.E. 6th Avenue. Item 2, Minutes of
November 13, 1986.
Mrs. Stofik made a motion to uphold the decision of the Planning and Zoning
Board. Dr. Butler seconded and the motion was passed unanimously.
ZONING ORDINANCE CHANGES -- Public Hearing. First Reading.
(a) AN ORDINANCE AMENDING THE SCHEDULE OF REGULATIONS PERTAINING TO PERMITTED USES
IN B-1 AND B-2 DISTRICTS, AS SET FORTH IN ARTICLE IV OF THE MIAMI SHORES VILLAGE
ORDINANCE NO. 270; DELETING EXPRESS AUTHORIZATION OF PRIVATE CLUB HALL, LAUNDROMATS,
THEATERS AND BUS TERMINALS AND INCIDENTAL SIGNS AS PERMITTED IN ARTICLE V IN B-1
AND B-2 DISTRICTS; AUTHORIZING THE SALE AND CONSUMPTION OF BEER AND WINE UNDER
LIMITED CONDITIONS IN SAID DISTRICTS; AUTHORIZING THE SALE AND CONSUMPTION OF
FOOD OUT OF DOORS IN SAID DISTRICTS; PROVIDING EFFECTIVE DATE.
There was no public discussion. Mr. O'Connor moved for the adoption of the
Ordinance amending the schedule of regulations pertaining to permitted uses
in B-1 and B-2 districts. Mrs. Stofik seconded. Mrs. Jensen stated her opposition
to beer and wine being served outside. Mayor Kirby was also against outside
consumption of beer and wine. The motion passed 3/2 on a roll call vote.
Mrs. Stofik . . . yes
Mr. O'Connor . . yes
Dr. Butler . . . yes
Mrs. Jensen . . . no
Mayor Kirby . . . no
(b) AN ORDINANCE AMENDING SECTION 504 OF ARTICLE V OF MIAMI SHORES VILLAGE
ORDINANCE NO. 270; ENLARGING SIZE OF REAL ESTATE SIGNS PERMITTED IN B-1
AND B-2 DISTRICTS; INCREASING NUMBER OF REAL ESTATE SIGNS PERMITTED IN
B-2 DISTRICTS; PROVIDING EFFECTIVE DATE.
Mr. O'Connor moved to adopt on first reading. Mrs. Stofik seconded. Mrs. Stofik
excused herself at 8:35 p.m. due to illness. The motion to adopt was passed 4/0.
(c) AN ORDINANCE AMENDING ORDINANCE NO. 270, MIAMI SHORES VILLAGE, CHANGING THE
DESIGNATION OF THOSE LOTS DESIGNATED AS BEING IN X ZONES WHICH HAVE NO STRUCTURES
ERECTED THEREON TO THE CLASSIFICATION OF XX AND PROVIDING THAT DISTRICTS
CLASSIFIED AS XX SHALL BE RESTRICTED TO THE PERMITTED USE OF PARKING LOTS ONLY;
PROVIDING EFFECTIVE DATE.
Dr. Butler made a motion to approve on first reading. Mr. O'Connor seconded
and the motion was passed unanimously 4/0. Mrs. Stofik returned at 8:50 p.m.
(d) AN ORDINANCE AMENDING SECTION 518 OF ARTICLE V OF THE MIAMI SHORES VILLAGE
ZONING ORDINANCE NO. 270, INCREASING AUTHORIZED HEIGHTS OF FENCES OF ALL
RESIDENTIAL YARDS FACING U.S. HIGHWAY #1 TO FIVE FEET; PROVIDING EFFECTIVE DATE.
Mrs. Jensen made a motion to approve the Ordinance on first reading. Dr. Butler
seconded. There were 2 public comments: 1 in support and 1 in opposition of the
Ordinance. The motion passed 4/1 on a roll call vote.
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Mrs. Stofik . . . no
Mr. O'Connor . . .yes
Dr. Butler . . . .yes
Mrs. Jensen . . . yes
Mayor Kirby . . . yes
APPROVAL OF COMPREHENSIVE PLAN GRANT APPLICATION.
Mr. Forney asked for Council's approval of a state grant application which
would allot $17,275 under the Growth Management Law. Mr. O'Connor moved to approve.
Mrs. Stofik seconded and the motion to approve was passed unanimously.
RESOLUTION ON NEW LEASE OF FEC PROPERTY FOR GOLF COURSE.
Mr. Forney requested approval of the resolution approving and authorizing
execution of a new lease agreement with Florida East Coast Railway Company for areas
needed for operation of the golf course.
Mrs. Stofik moved to adopt. Dr. Butler seconded and it passed unanimously.
The resolution being entitled:
RESOLUTION NO. 811-86
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF LEASE AGREEMENTS
WITH THE FLORIDA EAST COAST RAILWAY COMPANY FOR AREAS NEEDED FOR
OPERATION OF THE GOLF COURSE.
APPOINTMENT TO THE FINE ARTS COMMISSION.
Mayor Kirby recommended that this appointment be delayed to allow
other applicants to apply. Mr. O'Connor moved to table. Dr. Butler seconded
and the motion to table was approved unanimously.
RESOLUTION TO AMEND COUNTRY CLUB DUES RESOLUTION.
Mr. Forney recommended adding an additional category of membership to
Miami Shores Country Club to be known as a Corporate Member (Modified). Dr. Butler
moved to approve. Mrs. Stofik seconded. Mr. O'Connor asked that it be recorded
that although there was nothing in writing both Mr. Forney and Mayor Kirby stated
that the Country Club Membership Committee supported this idea. The resolution
was passed unanimously. The resolution being entitled:
RESOLUTION NO. 810-86
A RESOLUTION AMENDING RESOLUTION N0.804-86 IN ORDER TO ESTABLISH
AN ADDITIONAL CATEGORY OF MEMBERSHIP AT THE MIAMI SHORES COUNTRY
CLUB TO BE KNOWN AS A CORPORATE MEMBER (MODIFIED).
PURCHASE OF WHEEL BALANCER.
Mr. Forney asked that the Council accept the low bid of $3,338 from
Jobbers Equipment Warehouse, Inc. Dr. Butler moved to approve. Mrs. Stofik
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seconded. The motion to accept the bid was passed unanimously.
VILLAGE MANAGER'S REPORT.
The Village Manager reviewed the Country Club Financial and Membership
Reports. There was again a substantial loss in October. Membership, however, is
up significantly.
Mr. Forney reported the results of the special election to amend the
Village Charter to require a minimum of 500 signatures of electors for initiative
and referendum. The Charter amendment had passed and would be codified.
Golf Pro.
He announced that Mr. Joseph O'Rourke will replace Mr. John Wright as
He further stated that Mrs. Carnegie is circulating a petition for the
installation of a jacuzzi at the Recreation pool.
ANNOUNCEMENTS.
As noted on the agenda.
COUNCIL COMMENTS.
Mrs. Stofik congratulated all those involved in the Fine Arts Festival and
the Village Fest.
Mrs. Jensen complimented the Mayor, the Mayor's Community Task Force and
Mrs. Angela Daley, Chairman, for the lovely Mayor's Ball.
Mayor Kirby reported that the Ball raised $8,000 for community purposes.
The meeting was adjourned at 8:30 p.m.
ATTEST: L.R. Forney, Jr.
Village Manager
Charlotte Priddy
Deputy Village Cle k
Karen Kirby
Mayor