02-21-1950 Regular Meeting 19
REGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
February 21, 1950
A regular meeting of the Village Council of Miami Shores Village,
Florida, was held at 7:30 o'clock P.M... February 21, 1950, at the Village Hall,
with the entire Council and the Village Attorney present.
Upon motion made by Mr. Mackenzie, seconded by Mr. Carpenter and
passed unanimously, the minutes of the last meeting were approved as written.
Mr. Walter Earnest, representing the Peoples National Bank, appeared
before the Council, requesting permission to pave 150 ft. on the east side
of N. E. 2nd Ave. Just south of 95th Street for a free parking lot in connection
with the bank. After discussion, Mr. Carpenter moved that the Peoples National
Bank be given permission to pave this property, upon approval of the parking
lot plan by the Village Manager and Chief of Police. Mr. Franco seconded this
motion and it was unanimously passed.
The neat business was the opening of the fire truck bids. The follow—
ing companies submitted bids:
American—LaFrance—Foamite Corp. Oren Roanoke Corp.
The Four Wheel Drive Auto Co. Wood Engineering Service
General Fire Track Corp. The Mack Manufacturing Co.
Howe Fire Apparatus Co. Peter Pirsch & Sons Co.
Maxim Motor Co. The Seagrave Corp.
Ward LaFrance Truck Corp.
After the bids had been opened and read, Mr. Carpenter moved that they
be turned over to a committee of three appointed by the Mayor to study, tabulate
and make recommendations to the Council at the next regular meeting on March 7.
Motion was seconded by Mr. Mackenzie and passed unanimously. Mayor Frix named
the Village Manager, Chief Senneff and Fireman Wiley as the committee to study
the bids.
Mr. Robert Claiborne, President of the Daddies Club, read a letter
received from Mr. T. A. Davis concerning the dangerous condition existing on
N. E. 103rd Street caused by the many school children riding bicycles in the
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street, and emphasizing that they should be required to ride on the sidewalks.
Mr. Claiborne suggested constructing a bicycle path along the street from 2nd Ave.
to the school. Mr. G. R. Khoury, also a member of the Daddies Club, stated that
he thought it was a matter of education by the school, Police force and parents
and suggested that the Council instruct Chief Senneff to get in touch with Mr. Lang
and Dr. Miles to work out an educational program for the children. Mr. Reynolds
then moved that Mr. Khoury's suggestion be followed and that this problem be
referred to the Chief of Police, Mr. Lang and Dr. Miles. Motion was seconded
by Mr. Carpenter and unanimously passed.
Mr. M. B. Arnold asked that a stop sign be put up at 5th Ave. and
101st St., which the Village Manager stated would be done when the signs were
available.
Mr. F. B. Mott was again present in regard to his request for permit
to construct a service station on Biscayne Blvd. at 90th St., having secured
approval of the preliminary sketch by the Planning Board. Mayor Frix reiterated
his remarks of the last meeting that he believed it would create a traffic hazard.
Mr. Mackenzie moved that the Chief of Police be instructed to make a traffic
survey of this location and bring back this survey and his recommendation to the
next meeting. Motion was seconded by Mr. Carpenter and passed unanimously.
Mr. Roy H. Hawkins of Bessemer Properties was present in regard to
the request for rezoning to B-1 all property facing 2nd Ave. owned by Bessemer
Properties in Block 16, 28 and 33. He stated that the Council had his letter
and that he merely wanted a decision in the matter. The following letter from
Bessemer Properties, Inc. dated November 15, 1949 was Egain reads
"This is to confirm our telephone conversation of this date with
Mr. C. Lawton McCall, manager of Miami Shores Village, to the
effect that we would appreciate it if the officials of Miami
Shores Village will give us an immediate decision regarding the
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rezoning of the property which we own in Miami Shores fronting
on Northeast Second Avenue in Blocks 16, 28, and 33, and lying
between Northeast 94th and 95th Streets, and between 99th and
100th Streets.
"We are sure that all of the present officials of the Village
are familiar with the controversy which has gone on for a
number of years regarding the rezoning of this property. We
are also sure that they are familiar with the fact that a former
council of the Village made an agreement, without soliciution
from us, and acquired certain property from us - partly by
donation, and partly by payment of a nominal sum - with the
understanding that the above described property would be rezoned
from residential to B-1, business. Complying with that under-
standing, the Council with whom we made the agreement fulfilled
their part, and made the change in zoning. However, a successor
council in July of 1945 vacillated on the agreement and rezoned
the property to residential, but still retained the property
acquired from us under the agreement.
"Since that time, substantial changes have taken place in the
character of the street and in the immediate neighborhood, and
we do not feel that we should be penalized further by this
restriction on our property, and likewise, we do not think it
to the best interest of the Village.
"Inasmuch as we have an opportunity to improve certain of these
properties immediately, we request that a prompt decision be
given us regarding the change of zoning from residential to
B-1, business."
Mr. Franco then stated that he had gone into this thoroughly and that
he thought the change a logical and sensible one and that we should call a public
meeting on the question. Mr. Carpenter stated that at the time the letter was
received he was a little bit against it but because of recent changes, that is,
a very active Chamber of Commerce and a new bank, he would now like to see a
public meeting held. Mr. Roy Schneider, member of the Planning Board, asked that
the Planning Board minutes concerning this subject, be read for the record., which
are as follows:
"Mr. Schneider made the motion that the Village Council be
notified that it is the sense of the Planning Board that
the request of Bessemer Propertibs contained in their letter
of December 21, 1949 for the rezoning of the properties
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described in their letter be denied without further considera-
tion on the grounds that previous public hearings called to
consider this matter have found that the owners of property
in the effected area, as well as in the Village in general,
strongly oppose such rezoning; and for the further reason that
it is the sense of the Planning Board that each and every
member of the present Village Council pledged themselves to
maintain the status-quo of the zoning of the property in question,
and that in view of these circumstances, nothing could be
accomplished by calling such a hearing other than to cause
considerable agitation over a subject that has heretofore been
decided after acrimonious debate. The Planning Board's attention
has been called to the fact that a request had been made by
a representative of Bessemer Properties to defer consideration
of the matter until February 28, 1950. Inasmuch as the matter
had been submitted to each member of the Planning Board by
transmitting to the Board complete copy of the letter of
December 21, 1949 of Mr. McCall, it was the sense of the Board
that inasmuch as the Board had, prior to the date of this
meeting, fully and completely studied and considered the matter
and were ready to act upon it, there was no need in delaying
transmission of this Boardts opinion to the Council. Motion
was seconded by Mr. Holt and unanimously carried."
Mr. Carpenter made the statement that any property owner, regardless
of whether it is a person or corporation, is entitled to a hearing before the
Council and he thought the Planning Board should have granted this privilege in
the same manner as the Council. He further stated that it was his own personal
opinion, after studying the situation, that there will never be any residences
constructed on this property. Also that the Village is not receiving the proper
revenue from it as in its present zoning it will never be improved property.
Lastly, he pointed out, the matter of a law suit could enter into it.
Mr. Hawkins stated that he was not here to threaten a law suit but,
he added, that he has a deposition of a former Mayor on file in his office as
to how the deal was made and how the Village acquired the property on which the
City Hall is now standing. Mr. Arnold, the former Mayor, was present, and agreed
he had given his sworn statement some years ago to the effect, that on a motion
of his Council, he had contacted Mr. Hawkins and arranged the deal whereby
Bessemer Properties would donate the land for the library site and sell to the
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Village the land for the Village Hall and parks, at an amount of $250 per lot
in return for a change in zoning of the lots in question. Mr. Hawkins pointed
out that this zoning change had been unsolicited by him.
Mr. Mackenzie asked what the procedure is for calling a public
hearing which was answered by the Village Attorney.
On being questioned by Mr. Schneider as to why no deed restrictions
or written agreement had been made stating these conditions of sale, Mr. Hawkins
answered that he, representing the people who organized Miami Shores Village, etas
privileged to say, that with no Council or official have they ever found it
necessary to have these things in writing.
Mr. Reynolds stated he had voted for the change in zoning from
residential to business for the benefits to be derived. He had felt it was a
smart business move for the ultimate population of the Village and that he had
voted against it when the new Council majority reversed the zoning back to
residential. Also, his subsequent platform stated, - no change in 2nd Ave.
without an election, - or public hearing, if that is the legal procedure, which
he now wants.
Mr. Franco again stated he was in favor of the change and thought
the Council should go ahead with the public meeting.
Mayor Frix wanted to go on record in saying he had never made such
statement as referred to in the Planning Board minutes, since he had not
pledged himself to any zoning. Mr. Carpenter added that his platform had been
that he was in favor of maintaining Miami Shores Village as a community of single
family dwellings primarily. Mr. Franco stated that he hadntt made any statements
in regard to zoning and that the statement in the Planning Board minutes was
irrelevant, inconsequential and immaterial. Mr. Mackenzie added his statement
that he hadn't made any promises about anything.
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Some of those present remarked that everyone in the Village should
have a voice in the matter. Mr. Hawkins stated he thought the people of the
Village in general would probably oppose the issue and requested the opinion and
action of the Council at this time. The Council's answer was the reading of the
procedure to be followed for making a change in zoning with regard to a public
hearing and proper notification of same. Mr. Hawkins then asked the Village
Manager if he thought this property was residential and the Village Manager stated
he did not think so. At this point Mr. Hawkins left the meeting.
Then Mr. Franco moved that we take the next step and call a public
hearing in conformity with the Zoning Ordinance, date of which to be determined
by the Village Manager. Motion was seconded by Mr. Reynolds, who added that he
wanted the notice to go to everybody in the Village. In the discussion that
followed the motion, Mr. Claiborne, as Chairman of the Legion Homesite, made the
statement that the American Legion had circularized a petition among the property
owners surrounding their property on 96th Street and wanted their request for
change of zoning for a Legion home to be included in this question. However,
Council agreed that the two items should be taken up separately and upon vote, the
motion was unanimously passed.
The next item on the agenda was Mr. Perry Willit's request for final
payment of $1,000 on his contract to build the swimming pool. Upon motion made
by Mr. Franco, seconded by Mr. Mackenzie and unanimously passed, authorization
was given for the payment of this sum, subject to recommendation of the Advisory
Board.
Concerning Mr. S. D. Ansin's request for the use of a part of his
property for business in return for a street right-of-way for 106th Street west
of Biscayne Blvd., Mr. Reynolds moved that we invite him to the next Council
meeting to discuss this. Mr. Mackenzie seconded the motion and it was unanimously
passed.
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A letter was read from the Peoples National Bank of Miami Shores in
which they requested to be designated depository for Miami Shores Village.
After discussion, Mr. Carpenter m6ved that we make the Peoples National Bank the
depository for Village funds. Mr. Franco seconded the motion and it was passed
unanimously. RESOLUTION NOS. 302 thru 306 were signed to cover the 5 accounts.
A letter was read from the Miami City Planning Board asking that a
Village representative attend a preliminary meeting March 6, in regard to the
National planning conference to be held in Miami in 1951. The Village Manager
was instructed to handle this.
A letter was read from Collins Feed & Supply Co. in which they requested
a change in zoning to industrial use for Lots 6 and 7, Block 59, Miami Shores
Subdivision, which lots abut the railroad. Action was postponed and the Village
Manager was instructed to answer this letter and explain change of zoning procedure.
After a review of the unpaid bills Mr. Franco moved that they be
paid. Motion was seconded by Mr. Reynolds and unanimously passed.
The Village Attorney reported that the firm of Hudson & Cason had
failed to accept his offer of $500 in settlement of the attorney's fee in the
Edwards Condemnation suit.
Meeting adjourned at 10:45 P.M.
Village ger =4,tlerk
APPROVE
Mayor
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