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