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06-06-1989 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JUNE 6, 1989 The regular meeting of the Miaml Shores Village Council was held on Tuesday, June 6, 1989, at Village Hall commencing at 7:31 p.m. with the following members present: Mayor Courtney Herb Spahn Spero Canton Marty Stofik Absent: Stephen Loffredo Also present: Elly F. Johnson William F. Fann Mayor Courtney introduced Mr. Wyburn Osborn a new Miami Shores resident and new Minister of The Miami Shores Christian Church. Mr. Osborn gave the invocation and Mayor Courtney led the Pledge of Allegiance. ITEM *1 MINUTES Ms. Stofik moved approval of the minutes from the Regular Council Meeting of 5/16/89. Mr. Canton seconded the motion and the vote was unanimous in favor. Mr. Canton moved approval of the minutes from the Country Club Workshop of 5/22/89. Ms. Stofik seconded the motion and the vote was unanimous In favor. Ms. Stofik moved approval of the minutes from the Police and Code Enforcement Workshop of 5/23/89. Mr. Spahn seconded the motion and the vote was unanimous In favor. Mayor Courtney acknowledged receipt of the following minutes: Fine Arts Commission 5/1/89 Downtown Revitalization Board 5/3/89 Recreation Advisory Committee 5/8/89 Historic Preservation Board 5/15/89 Planning and Zoning Board 5/25/89 ITEM *2 REQUEST FOR APPROVAL OF PLANS FOR HEALTH AND SPORTS CENTER. Mr. LuBien reviewed the request. Vice President for Business Affairs for Barry University, Mr. Tim Czerniec, explained where on the campus the new building will be built. Ms. Stofik asked what the primary use of the building will be. Mr. Czerniec explained that the building would be used for classes in sports science and for sports and recreation programs. Mr. Canton moved approval of the site plan for the Health and Sports center at Barry University. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *3 REQUEST FOR APPROVAL OF SKATEBOARD RAMP AT 53 NE 98TH STREET. Mr LuBien reviewed the background behind the request. Mr. Fann stated that the structure Is contrary to the ordinance and the only grounds for granting a variance Is a hardship which would prevent the owner of the property from using the property. Mr. David Wendeiin, the owner of the property, stated he has a son that has Muscular Dystrophy who does not have long to live. He stated he Is requesting the ramp so that the neighborhood children will play In his yard and his son will have other children near him. Mayor Courtney asked why the neighbors are complaining about the skateboard ramp. Mr. Wendelin replied that his neighbors don't want kids hanging around his back yard. Ms. Stofik asked If the ramp Is up now. Mr. Wendelin stated no. Mr. Spahn asked how the ramp differs from the structures In the Tot Lot. He asked If swing sets are allowed In back yards. Mr. Fann replied no. Mr. Fann stated possibly the Council would like to amend the ordinance to allow playground equipment and structures such as skateboard ramps. Mr. Spahn recommended that the Planning and Zoning Board classify skateboard ramps as playground equipment. Mr. Canton asked Mr. Rossi what the Planning and Zoning board's reasoning was In denying the request for a permit for this structure. Mr. Rossi explained. Mr. Chambers stated that the neighbor next door to Mr. Wendelin did not have a problem with the structure being there. Mr. Spahn moved to refuse the variance and ask Planning and Zoning Board to look at the situation to see whether the Council can change Miami Shores code to help out the Wendelins If the ramp meets all of the requirements such as being hurricane proof. Ms. Stofik seconded the motion and said that stability Is very Important. The vote was unanimous In favor. ITEM *4 REQUEST FOR PERMIT TO ERECT 12FT DISH ANTENNA AT 305 NW 111TH STREET. Mr. LuBien explained that he reviewed the code with Mr. Carmenate. Mrs. Carmenate stated that she thought that Mr. LuBien refected the erection of the antenna. Mr. Fann stated that unless the Item has gone to the Planning and Zoning Board first It Is out of order. Ms. Stofik stated all Ms. Carmenate has to do is apply for a building permit. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING FUNDING OF $100 PER YEAR, AND SELECTION OF A DELEGATE AND AN ALTERNATE FOR THE NE DADE COALITION OF COUNCILS. Mr. Canton explained the background behind the creation of the NE Dade Coalition of Councils. Mr. Spahn moved to fund $100 per year for the NE Dade Coalition of Councils. Mr. Canton seconded the motion and the vote was unanimous In favor. Mr. Spahn moved to nominate Mr. Canton as delegate to the NE Dade Coalition of Councils and have a roving alternate. Ms. Stofik seconded the motion and the vote was unanimous In favor. ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING ADVERTISEMENT SIGNS ON RECREATION DEPARTMENT FIELD FENCES. Mr. Canton explained the request for the advertising and asked Mr. Ed Abdella to speak on the request. Mr. Abdella stated that most ball parks have advertising. He said the money would be used for dugouts and the bottom of the signs would read "Say No To Drugs". Mr. Abdella stated that Mr. Varney is not In favor of the signs. Mr. Fann stated that the Council might have to amend the Village ordinance to allow signs because the Village ordinance does not allow advertising signs. Ms. Stofik stated that the cause Is very worthwhile but she would like to see a mock up of the signs and guidelines for who would be able to purchase signs. Mr. Johnson suggested plywood Instead of canvas. Mr. Spahn asked Mr. Fann If a sign that said " Say No To Drugs" is advertising. Mr. Canton asked Mr. Abdella If the sign would have advertising. Mr. Abdella replied It would have the name of the person or company buying the sign. Mr. Spahn asked that the Item go back to the proper board and then come back to the Council with what they want to put up and then the Council will reconsider the request. ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING ADVERTISING FOR MIAMI SHORES BUSINESSES. Mr. Canton explained the request for advertising In The Economic Resource Profile of the City of Miami, stating that it will cost $1,600. Ms. Stofik asked who Is putting the protect together. Mr. Canton replied the City of Miami. Mr. Spahn move to commend them on their effort and pass. Ms. Stofik seconded the motion and the vote was unanimous In favor. ITEM *8 DISCUSSION OF STATUS OF LANDSCAPE ORDINANCE. Mr. Canton asked Mr. Fann about the status of the landscape ordinance. Mr. Fann stated he and Mr. Laubenthal are meeting this week to discuss the ordinance and to place the Item on the next agenda. ITEM *9 DISCUSSION ON OPEN HOUSE SIGNS. Mr. Johnson presented the Item and Introduced Mr. Owen Henderson from the Chamber of Commerce. Mr. Henderson explained why the Item is on the agenda and requested that open house signs be allowed by realtors. He said barricades would hamper access to houses that are for sale. Mr. Canton stated that the Village has enough open house signs now and It Is against the Village ordinances. Ms. Stofik stated that there have been requests In the past by realtors to reconsider the Village's open house regulations. Mr. Fann recommended that the request is premature and the Council defer action until it becomes a problem. Mr. Canton suggested that the Council Instruct Mr. Johnson to schedule people to work on weekends to enforce the real estate sign ordinance. Ms. Stofik suggested the Council require permits for realtor signs and if real estate firms violate the code they would not be allowed to have real estate signs up for 6 months. Mr. Spahn asked if the Village is keeping records of repeat offenders. Mr. LuBien stated they are all repeat offenders. Mr. Spahn asked Mr. LuBien If second offenders are Issued a citation. Mr. LuBien replied that the citation Is Issued to the property owner not the real estate firm. Mr. Spahn asked If the Village has Jurisdiction on private property. Mr. Fann replied that the Village does have Jurisdiction but the Village cannot remove signs that are In violation. Mr. Johnson stated the Village Is enforcing the code and notifying the real estate firms when they are violating the code. He said the Village Is Inspecting 500 violations per month and Issuing 50 citations per month. Ms. Stofik stated If any of the firms know they couldn't have a sign In Miami Shores due to violations they would make sure their offices comply with the Village's codes. Mr. Richard Fernandez from the Planning and Zoning Board spoke about Issuing occupational licenses and violators being from outside Miami Shores. Ms. Stofik moved to Instruct the Village Attorney to prepare an ordinance to require permits for real estate agents to place real estate signs In Miami Shores Village. Mr. Canton seconded the motion and the vote was unanimous In favor. Mayor Courtney called for a recess at 9:05 p.m.. The meeting was reconvened at 9:16 p.m.. ITEM *10 A RESOLUTION DESIGNATING THE SPA AS THE BESS CARNEGIE SPA. Mr. Canton moved the pool the Bess Carnegie Spa. Mr. Spahn and the vote was unanimous. AT THE VILLAGE POOL to name the spa at seconded the motion ITEM *11 DISCUSSION AND POSSIBLE ACTION REGARDING PHASE 1 BARRICADE PLAN. Mr. Johnson stated that there Is an error on the list at *20. He requested a motion be made to approve the list as the first year protect pending County approval. Mr. Canton moved that the Council adopt the 23 streets as being Phase 1 In the first year of barricade Installation, subject to County approval, and that Mr. Johnson and Mr. Laubenthal come back to Council with an Idea as to how the intersections would look. Ms. Stofik seconded the motion and stated that the Council needs to meet with the residents In the barricaded areas to see how things are going before permanent barricades are installed. Mr. Canton amended his motion stating that erection of permanent barricades, the Council hearings. Ms. Stofik seconded the amendment. stated that the Council must have the public rapidly before too much planning Is done. Mr. Condit, a Miami Shores resident, Is taking the vote at this meeting If the not been conducted. The vote was taken favor. Mr. Spahn asked about the mechanics of the public Ms. Stofik explained how the hearings would proceed. It would be more of an evaluation rather than a yes or Canton stated that the Council Is asking for public how the program Is doing. before conduct public Mr. Johnson hearings fairly asked why the Council public hearings have and was unanimous In hearings. She said no. Mr. Input on ITEM *12 DISCUSSION AND POSSIBLE ACTION ON REQUEST FOR CHANGES IN COUNTRY CLUB TENNIS AND GOLF MEMBERSHIPS. Mr. Johnson explained that Mr. Klug could not attend the meeting, then proceeded to explain the request. He recommended that the Council approve the request. Mayor Courtney recommended that the golf membership be handled first. Ms. Stofik asked what would the revenue be If the group Joined the Club individually. Mr. Johnson replied It would be lower. Mr. Spahn asked If current members will get the choice of the group rate or the non resident Individual rate. Mr. Johnson replied that the current members will get the choice. Ms Stofik asked if the Council Is going to make the same offer to residents. Mr. Spahn stated that If a group of 25 came forward the Council would work It out. Mr. Johnson stated that you need a minimum of 25 people to take advantage of the special rate. Mr. Canton asked when the new rate would take effect. Mr. Johnson stated October 1st. Mr. Canton asked why decide now and not at the budget hearing. Mr. Johnson stated the decision needs to be make before people start to leave for the summer. Mr. Johnson suggested that the Council approve this request for 1 year. He said he feels that it is a good deal for the Club and the members. Mayor Courtney asked why Is the Council giving this group a break on the cost of membership. Mr. Johnson replied to get more members and Increase revenues. He said we are trying to protect the Club and help It survive. Mr. Canton stated the Council should look at this membership the same way the Council looked at membership for Barry University faculty. Mr. Spahn moved to support Mr. Klug and Mr. Johnson In their effort to increase the amount of revenue at the Country Club and grant the request for a 1 year trial basis. Mr. Canton seconded the motion. Ms. Stofik stated that the Council should put together a comparable program for residents. The vote was unanimous In favor. Mr. Johnson explained the request for the new tennis membership. Mr. Canton moved approval and Mr. Spahn seconded the motion. The vote was unanimous in favor. Ms. Stofik asked about the status of the non-resident golf membership use of the pool. Mr. Johnson stated that Mr. Varney Is getting together with Mr. Fann to create a resolution. ITEM *13 ANNOUNCEMENTS Mayor Courtney read the announcements. ITEM *14 COUNCIL COMMENTS Ms. Stofik spoke about the grant from the State for the Shores Theater. Mr. Canton spoke about group homes, charter review and health food store on NE 2nd Ave. ITEM *15 PUBLIC COMMENTS Mr. Condit, a Miami Shores resident, spoke about the traffic study and asked If the results are public. Mayor Courtney stated that all residents will have access to the Information. ITEM *16 ADJOURNMENT The meeting was adjourned at 10:22 p.m.. Attest: By: Scott W. Davis Deputy Village Clerk Elly F. Johnson VIIage Clerk