12-09-1941 Regular MeetingMINUTES OF MONTHLY MEETING OF
MIAMI SHORES VILLAGE COUNCIL
DECEMBER 9, 1941
The regular monthly meeting of the Miami Shores Village
Council was held on December 9th with all members present as were
the Village Manager and Village Attorney.
Upon motion of Mr. Arnold and seconded by Mr. Frix
approval of the minutes of the meeting of October 14th was withheld
until such a time as the point of Building Inspector can be
clarified - same to be presented at the neat regular meeting of
the Council.
The minutes of the meeting of November 4th were read
and approved.
The Manager presented a letter from the Gulf Oil Corpora-
tion in which they offered to sell to the Village 50 feet of the
property on which they propose to erect a filling station for
the purpose of building a city hall. The question was raised
as to whether the people in the neighborhood of this proposed
filling station at 95th Street and 2nd Avenue would prefer a
filling station to a store building. Mr. DeLucca was asked for
an opinion and he stated that he did not believe a filling
station was an asset to any adjoining property. Mr. Childress
stated that as long as the Village has gone this far in opposing
this station that he thought it should continue to do so. After ;41..furt discussion cMr. Arnoldom'
old moved that the Village Attorney,
Mr. Sappenfield, be instructed to take immediate action to see
that this suit be placed on the active calendar, and be diposed
of at the earliest possible moment. This motion was seconded
by Mr. Childress and unanimously passed.
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12/9/42
The Manager reported to the Council that the tea
room located on N. E. 107th Street and N. E. 2nd Avenue had
applied to the County Zoning Department for a permit to
enlarge their building. Upon motion of Mr. Arnold and
seconded by Mr. Stockdell the following motion was unanimously
passed: "The proper resolution be drawn by the Village Attorney
and be presented to the Zoning Board, and the Manager be
instructed to appear at said hearing to oppose this permit
on behalf of Miami Shores Village.
The Village Attorney reported to the Council that
he had been served with a copy of the Golf Course Audit for
the second fiscal year ending November 1st, which includes
their 8th quarterly reports,they being required to file these
quarterly reports as receivers. In connection with the
filing of this report he stated that he had been advised by
George Clark that he wanted a confirmation by Judge Barnes
of the 8 quarterly reports filed. They asked the Village
approval of these reports. It was decided to study the
reports and have a special meeting Tuesday night, December
16th, for further discussion of same.
The Attorney stated that the Court had ruled that
a license be given Mr. O'Dell to operate a liquor package
store in the Village. In order that the Village have some
ordinance relative to the operation of this business, the
Attorney presented an ordinance regulating liquor stores.
Mr. Arnold moved that the Council have an opportunity
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12/9/42
to study the ordinance before voting on it, and that they
act on this matter Tuesday along with the Golf Course matter.
However, upon request of the Council the Attorney read the
ordinance. Mr. Arnold Stated that: "I appreciate the fact
that our Village Attorney has given considerable thought and
time to the proposed ordinance before the Council at this time.
However I definitely want to go on record as saying that
I am opposed to any ordinance being adopted by this Council
that does not put further restrictions on the liquor permits
in theVillage of Miami Shores. We have definitely at previous
actions gone on record as opposing a filling station on a
certain corner of the Village. We have gone on record at
previous meetings as opposed to any liquor store in the Village
whatsoever. Now we come along and say they can put one on
every corner if they want to, which we have found to be very
objectionable to the residents of Miami Shores Village. I
was inclined at a previous meeting to vote for the issuance
of a permit in the Village,but since that time I would say
that at least 100 substantial, reputable business people, and
wives, etc. of this Village have approached me and stated that
they were definitely opposed to it in any form whatsoever. I
am definitely going to oppose any ordinance that does not
regulate the number and location of liouor package stores.
We have 2 sections in the Village for business (1) 2nd Avenue
between 95 and 99th Street and the other Biscayne Blvd. and
the boundaries I do not know, but if it is possible to pass
an ordinance in this Village restriding and regulating the
number of stores I think it is the duty of this Council to
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12/9/41
pass such an ordinance. I have no objection to an ordinance
being so drawn that one could be placed on the Blvd. in the
business zone there, but I am definitely opposed to another
liquor package store in the vicinity of 95th to 99th Street,
and if possible for an ordinance to be drawn and so worded
that it will regulate or restrict the number of stores then
I for one am very much in favor of it."
Mr. Frix stated that he wanted to see some restric-
tions included in the ordinance as stated by Mr. Arnold.
Mr. Childress said that he was in favor of having it controlled
as much as anyone, but he was not in favor of anyone having
a monopoly.
After further discussion as to the population and
as
restrictions Mr. Arnold moved that "The ordinance/read by
the Village Attorney be adopted with the following additions:
That licenses be restricted to a distance of 650 feet apart, and
one license be permitted to each 1900 population or fractional
part thereof". The hours for operation are to be as follows:
Prohibiting the sale of liquor between the hours of 12 Midnight
and 7:30 A.M., and prohibiting the sale of liquor altogether
on Sunday. This motion was seconded by Mr. Childress and
unanimously passed, with Mr. Frix stating that he voted "yes"
in compliance with the necessity raised by order of the
Circuit Court of Dade County. The Village Manager was
instructed to comply with the primitive write to issue a
liruor store license to R. L. O'Dell upon the payment of the
requisite fee.
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12/9/41
Mr. Krames appeared before the Council with reference
to his request for a permit to erect a filling station on the
Blvd. and upon motion of Mr. Arnold and seconded by Mr. Childress
this permit was gran6ad.
Mr. Frix moved that the Council authorize the Village
Manager to expend not to exceed $50.00 to be used for the furnishing
of general "Christmas" for the Village employees in whatever way
he thinks best.
This motion was seconded by Mr. Childress and unanimously
passed,
Mr. Frix brought the matter of "Guest Houses" before
the Council but in view of the discussion had at this meeting
and report which came to the Council from Mr. Arnold and the
Chairman of the Planning Board, and the report made by the
Village Manager and in view of this present emergency the
Council deemed it advisable not to take any action on this
matter at this time, and that further discussion of the
matter will be had as conditions require it.
Upon motion of Mr. Frix and seconded by Mr. Arnold
the November bills in the amount of $2292.57 were approved and
ordered paid.
Mr. Arnold gave each member of the Council a
copy of the Police Committee recommerr$tions, and stated that
the Police Department needed additional money for the emergency.
It was decided that a list of the equipment needed be furnished
the Council before the Tuesday night meeting and at that time they
would take the matter up.
Mr. Frix stated that he would like to have somebody
in the office at all times in case of hysteria or an emergency
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12/9/41
It was decided that the Village Manager have a recommendation
on that matter at the next meeting on Tuesday night.
After which the meeting was adjourned.
APPROVED BY COUNCIL:
illage Manager nd Clerk