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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. 2 (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. - 3 - 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 - 4 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