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04-04-1950 Regular Meeting 9 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL April 4, 1950 A regular meeting of the Village Council of Miami Shores Village, Florida, was held at 7:30 otclock P.M., April 4, 1950, at the Village Hall, with the entire Council and the Village Attorney present. Upon motion made by Mr. Reynolds, seconded by Mr. Mackenzie and unanimously passed, reading of the minutes of the last meeting was dispensed with and they were approved as written. The first item on the agenda was in regard to the petition to rezone certain lots on N, E. 2nd Avenue, the public hearing for which was held on March 22, 1950. Mayor Frix called upon the Village Attorney to give his opinion on the legal angles involved in this zoning. Mr. Anderson stated that according to Mr. Hawkinst statements, some property had been conveyed to the Village by gift and nominal fee in consideration for a change in the zoning from residential to business of the lots facing 2nd Avenue. between 94th and 95th Streets and 99th and 100th Streets. He pointed out that there might be some question as to whether a municipality could keep the property without fulfilling its part of the agreement. However, he continued, no member of this Council has proof that such an agreement did exist. Then he stated that he had suggested that the Village file a law suit to find out if such a contract had been made and if so, how would it affect the Village. Another course of action, Mr. Anderson mentioned, would be to try to secure these blocks and convert them into parks, if the property could be acquired at a reasonable price. Mayor Frix then called for opinions of the Council. Mr. Franco stated that he thought Mr. Andersonts first proposal was a good one, to ascertain if there is a contract and if we have to go through with it, before any decision is made. Mr. Mackenzie asked what procedure would the Council have to go through to acquire this property for park purposes. Mr. Anderson replied that if we could not get it for an acceptable price, we would have to condemn it in a suit and in 50 r c J - n 9 J J J J p 7 J OJ v 7 J ^ 51. 4/4/50 _2.. that case the Village would have to be prepared to pay the fee stipulated by the Court. Mr. Carpenter stated that he would like to settle it once and for all and to take it over and make a park out of it. Mr. Roy Schneider, member of the Planning Board., thought we should leave the burden on Bessemer Properties and let them bring a suit if they wished and we would defend our position. Mr. Reynolds reviewed the background of the zoning, stating that when the former Council had madethe plans for the business section they felt that this increase in business property would be necessary for theultimate population of the Village and the buffers on both ends would permanently confine the business area. Mr. Carpenter moved that the Mayor appoint a committee of three people from those present to discuss with the owners of the vacant property facing on N. E. 2nd Ave. between 94th and 95th Streets and 99th and 100th Streets with a view to arriving at a solution which will be acceptable to the members of the Home Owners Protective Assoc. and bring back a report to this Council at the next regular meeting of April 18. The motion was seconded by Mr. Mackenzie. In the discussion that followed this motion Mr. Arnold again reviewed the facts concerning the agreement made with Bessemer Properties on authority of a previous Council, and he pointed out that he had notified the last Council of this obligation before the City Hall was built. After Mr. Carpenterts motion was voted on and unanimously passed, the Mayor appointed the following committee: Messrs. Roy Schneider, Alfred Hessand Frank Holt. sxw y;fur t� fid _ � J O � '� • R L � �. ) 7 J 1, n � , � � J � O _ � _ _, ^ � J � J O C � .� O �`' r � n .. ., ') -� J O� J J ') � n '1 � J �, ( li 7 i J �1. �� 11 7 .� )V C� �, ') J J 7 � " � � ,. c n � 53 4/4/50 -3- The next item on the agenda was in regard to the proposed purchase of additional park and playground area adjoining the Community House property. The Village Manager reported that Bessemer Properties, Inc. was unwilling to remove present deed restrictions on the original gift. After discussing the benefits and disadvantages of having these restrictions, Mr. Mackenzie moved that we purchase from Bessemer Properties the land described in their letter of May 20, 1949, for $22,500, to be used as playground and recreation property and facilities. Motion was seconded by Mr. Carpenter and unanimously passed. Miss Ruby Leppants request for re-platting a part of Farming Sub- division was deferred until the next meeting. Mr. Matchett, owner of a 50 ft. lot in Pasadena Park, appeared before the Council for a permit to build on advice from the Planning Board. Council advised Mr. Matchett they could do nothing on this subject until the suit against the Village concerning 50 ft. lots is settled. Mr. Matchett stated he would sell the land if he could and the Village Manager was instructed to contact the adjoink ing property owners to see if they are interested. A letter was read from Mr. Anderson in which he requested that the Village purchase a new set of McQuillants Municipal Corporations for $250, with eight volumes now ready for $100. Upon motion made by Mr. Reynolds, seconded by Mr. Franco and passed unanimously, purchase of these books was authorized. The Village Manager reported on the Volunteer Fire Department insurance coverage. Quotations presented covered firemen only. It was Mr. Carpenterts opinion that the volunteer Police should be covered in a combined policy. The Council instructed the Village Manager to get quotations from three companies on a policy to cover both volunteer Police and Firemen, for the next meeting. A petition signed by eight people was read in which they protested against �� � .� J _ � v � ., � .J J � � - � .J ) f .� � - v � - � 1 � � � ., �, n� ) 7 � �. `� ,. .. J � � ) 1 _ (� _ n � •� r' �, 1 .� 7 ,. � '� c v .� � .. , ) � _ l � J v n 55 - - 4/4/50 any proposed change in zone of Lots 7 and S, Block 59, adjoining the Collins Feed warehouse. Mr. Carpenter moved we table this petition objecting to change of zoning on this property until such time as we take up the request for change. Motion was seconded by Mr. Reynolds and passed unanimously. The next item of business was in regard to the American Legion zoning change. Mr. Weathers, in behalf of the American Legion, stated that they were now waiting for the Council to set the date for a public hearing, to conform with the State law as well as Village law. After discussion with the Village Attorney, Mr. Reynolds moved that the Village Manager get out a notice to all property owners that at a certain time and place the Council will hold a public meeting to hear objections to rezoning the American Legion property. Mr. Mackenzie seconded this motion and it was passed unanimously. The last item on the agenda was in regard to an inspection made at the Country Club bar of the alcoholic content of a bottle of whiskey. The Village Manager was instructed to bring the matter to the attention of the inspectorts superior. Mr. Lee Ward, President of the Miami Shores Chamber of Commerce, appeared to petition the Council for their support in getting a post office in Miami Shores. Upon motion made by Mr. Mackenzie, seconded by Mr. Reynolds and passed unanimously, the Village Attorney was instructed to prepare a resolution request— ing the establishment of a post office in Miami Shores. Meeting adjourned at 10:20 P.M. �.,:;gi� G- *Vill, ge er: d Clerk' APPRO Y Mayor fiw 06- ruv _O ` Joy O O J J J O J J 5 0 J • � ,, o - �, 0 0 0 o 0 J O J _O O J O O •O J.: L o J J 0, O 0 _ o J J J O 0 J O. 10 O O U 0 O O O O oU O J- U O I O L o J OJ J J 0J ) 7., J O O. 0 J aw 0 O O J O O O U Uv O _ J 7 O O O fin ao , a flv .70,