12-02-1986 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
December 2, 1986
The regular meeting of the Miami Shores Village Council was held on
December 2, 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 Timothy L. Croft, Miami Shores
Presbyterian Church, giving the invocation and followed by the Pledge of
Allegiance.
MINUTES.
(a) The Regular Council Meeting of November 4, 1986 - Mrs. Stofik made a motion
to approve the minutes as amended. Dr. Butler seconded and it passed
unanimously.
(b) The Regular Council Meeting of November 18, 1986 - Mrs. Stofik made a motion
to approve the minutes with the change in Item C that she was absent during
the vote so the vote was unanimous 4/0. Dr. Butler seconded. Approval of
of the minutes as amended passed unanimously.
Receipt Acknowledged:
(c) Pension Board 8/26/86 and 11/6/86.
(d) Historic Preservation Board 11/17/86.
(e) Downtown Revitalization Board 11/5/86 and 11/19/86. Mrs. Stofik made a personal
comment to the Board requesting that they not drop the idea of acquiring the
Miami Shores Theater.
(f) Fine Arts Commission 10/6/86 and 11/3/86.
ZONING ORDINANCE CHANGES -- PUBLIC HEARING. Second 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.
Mrs. Stofik made a motion to approve. Dr. Butler seconded. Under
public discussion, Mr. Loffredo from the Downtown Revitalization Board expressed
the Board's interest in this change as it would be beneficial for recruiting
restaurants. Mrs. Jensen stated that she would like Section 2, 7 (e) to include
. and between the hours of 3:00 p.m. to 4:00 p.m. on school days".
Mayor Kirby expressed her interest in requiring a low retaining wall or railing
between the sidewalk and the bar. Mrs. Jensen questioned Section 3, 1 (a) since
in her interpretation this would allow beer and wine to be sold to cars. After
extensive discussion, Mr. O'Connor moved to table this item until Mr. Fann
came back with wording to clarify that this ordinance would not allow beer and
wine to be sold to cars in either B-1 or B-2 districts. Mrs. Stofik seconded
and the vote was unanimous.
(b) Mrs. Stofik moved to approve. Mrs. Jensen seconded. There was no public
or Council discussion. The motion to adopt on second reading was passed
unanimously 5/0. The Ordinance being entitled:
ORDINANCE NO. 497-86
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.
(c) Dr. Butler moved to approve. Mrs. Jensen seconded. There was no public
or Council discussion. The motion to adopt on second reading was passed
unanimously 5/0. The Ordinance being entitled:
ORDINANCE NO. 498-86
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.
(d) Dr. Butler moved to approve. Mrs. Jensen seconded. There was one
public comment in support of the Ordinance. The motion to adopt on second
reading passed 4/1 with Mrs. Stofik dissenting. The Ordinance being
entitled:
ORDINANCE NO. 499-86
AN ORDINANCE AMENDING SECTION 518 OF ARTICLE V OF THE MIAMI
SHORES VILLAGE ZONING ORDINANCE NO. 270, INCREASING AUTHORIZED
HEIGHTS OF FENCES IN ALL RESIDENTIAL YARDS FACING U.S. HIGHWAY
#1 TO FIVE FEET; PROVIDING EFFECTIVE DATE.
AMENDMENT TO DOG CONTROL ORDINANCE First Reading
AN ORDINANCE AMENDING SECTION 5 OF THE ARTICLE II OF THE CODE
OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; MAKING DOG
OWNERS RESPONSIBLE FOR THE REMOVAL OF SOLID BODILY EXCRETIONS;
PROVIDING EFFECTIVE DATE.
Mrs. Jensen made a motion to approve on first reading. Dr. Butler
seconded and the vote to approve was unanimous 5/0.
AMENDMENT TO PEDDLER'S ORDINANCE. First Reading
ORDINANCE AMENDING SECTIONS 1 THROUGH 17, INCLUSIVE, OF THE
CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; DEFINING THE
MEANING OF THE WORD "PEDDLER"; REQUIRING PERMIT FOR PEDDLER;
PROVIDING FOR A MEANS OF APPLICATION FOR PERMIT AND APPEAL WHERE
DENIED; RESTRICTING USES OF PERMIT; PROVIDING FOR EXEMPTIONS;
PROVIDING SEVERANCE CLAUSE AND EFFECTIVE DATE.
Mrs. Stofik made a motion to approve on first reading. Mrs. Jensen
seconded and the motion to approve passed unanimously 5/0.
RESOLUTION OF IMPASSE BETWEEN VILLAGE AND THE FEDERATION OF PUBLIC EMPLOYEES.
Mr. Andy Deering, business representative for the FPE, asked the Council
to consider a 4% cost of living increase at a cost of approximately $7,000 which
he felt would improve morale. Mr. Tom Benton, Director or Public Works, asked
the Council to approve the contract as written with a 3% cost of living increase
which he felt was fair and equitable.
Mayor Kirby passed the gavel to Dr. Butler and moved that cost of living
be changed from 3% to 4%. The motion died for lack of a second.
Mrs. Stofik moved to adopt the FPE contract for the next year with the
amendments agreed to by the FPE and the Village and with a 3% cost of living
increase for bargaining unit employees paid from the General Fund but excluding
Country Club employees as agreed. Dr. Butler seconded. The contract was passed
by a vote of 4/1 with Mayor Kirby dissenting.
APPOINTMENT TO THE FINE ARTS COMMISSION.
Mr. O'Connor moved to appoint Mrs. Noreen Delehanty to the vacancy on the
Commission for a term ending July 1988. Mrs. Stofik seconded and the motion passed
unanimously 5/0.
REPORT FROM DOWNTOWN REVITALIZATION BOARD CHAIRMAN.
Mr. Stephen Loffredo, Chairman, asked for the Council's input regarding
the Main Street Grant and painting the parking meters green.
Mrs. Stofik moved that the Board not apply for the Main Street Grant
because South Florida was unlikely to win. The motion died for lack of a second.
Mayor Kirby asked that this item be put on the agenda for the next
Council Meeting to be voted on.
AWARD OF DISABILITY INSURANCE BID.
Mr. Forney recommended that Hartford be awarded the bid at $ .63 and that
the current contract with Equitable at $1.24 be cancelled effective December 31, 1986.
The Hartford coverage is more extensive than the current coverage despite the lower
premium.
Dr. Butler moved to accept the bid from Hartford. Mrs. Stofik seconded
-4 -
and
4 -
and the motion to award the bid to Hartford passed unanimously 5/0.
Mr. Forney reported that the membership at the Club now totaled 1,126.
Due to the fact that the Christmas Tree Lighting Ceremony is on
Tuesday, December 16, Mr. O'Connor mvoed that the next Council Meeting be placed
as an emergency item on tonight's agenda. Mrs. Stofik seconded and the vote was
passed unanimously 5/0. Mr. O'Connor moved to set a special meeting for Monday,
December 15, at 6:30 p.m. Mrs. Stofik seconded and the vote was unanimous 5/0.
ANNOUNCEMENTS.
As noted on the Agenda.
PUBLIC COMMENTS.
Mrs. Suzanne Spear requested the abolition of all occupational license
requirements covering commercial still picture origination in the Village.
Mayor Kirby informed her that she would need an individual on the Council
or Mr. Forney to request that she be put on the agenda for further action.
The meeting was adjourned at 8:40 p.m.
Karen Kirby
Mayor
ATTEST: L.R. Forney, Jr.
Village Clerk
BY ek,,,u6
Charlotte Priddy
Deputy Village Clerk