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05-16-1950 Regular Meeting 73 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL May 16, 1950 A regular meeting of the Village Council of Miami Shores Village, Florida, was held at 7:30 o'clock P.M., May 16, 19501 at the Village Hall, with the entire Council and the Village Attorney present. Upon motion made by Mr. Reynolds, seconded by Mr. Franco and carried, reading of the minutes of the last meeting was dispensed with and the minutes approved as written. The first item on the agenda was in regard to the American Legion application to rezone Lots 15 and 16, Block 30, Miami Shores, Section #1, for Legion home use. Mr. Franco opened the discussion of this subject with the following statements: "I should like to state now for the public record that I have been and am still sympathetic to the desire of the members of the William Brockway Post to have a meeting place of their own, and that I still aim to do all I can to help them secure this home, but in view of the following: 1. Only 19 members out of a possible 70 attended the well- publicized public meeting; 2. The heavy majority of those in the meeting were against the change in zoning that was requested; 3. The overwhelming majority of the sentiment that has made itself known is against the change in zoning requested; L,. That even though an elected representative of the people should, and must, use his own judgment in deciding matters that come before him, and that he should make this decision only after careful consideration, he must also take into consideration the viewpoint of the majority as it makes itself known to him. He and he only, must be the judge of where the line of demarcation must come between his own judgment and the viewpoint of the majority, and therefore, in view of these facts, I move that this petition of the William Brockway Post for change of zoning be denied." Mr. Carpenter seconded the motion and a roll call was taken with the following results: 1 403 5/16/50 -2- Mr. Franco "Yes" Mr. Carpenter "Yes" Mr. Reynolds "Yes" Mr. Mackenzie "Yes" Mr. Frix "Yes" Motion unanimously carried. The next business discussed was in regard to a request by Mrs. James Hawkins, owner of the rock house on N. E. 95th Street, to purchase the lot just west of her property, Lot 12, Block 28, which is owned by the Village. Mrs. Hawkins stated that she would like to sell her home and can do so if the buyer is able to obtain this additional 50 ft. lot which is now being maintained as part of her yard. It was pointed out that this lot is zoned for residential use only. Mr. Franco stated that, "in view of the fact that this purchase is related to the purchase of two or three other lots owned by the Village, I move that we defer the discussion of it until a later meeting." The motion was seconded by Mr. Reynolds. The Mayor then explained to Mrs. Hawkins that the original parking lot plans would have to be considered before any action was taken, and on vote, the motion was unanimously passed. Mrs. Bramble and Mrs. Leighton of the Miami Shores Woman's Club, were present to discuss plans for a Flag Day ceremony at which the Women's Club will present the Village with a flag pole and Mrs. Bramble will make a gift of the flag. It was Mrs. Bramble's request that this flag be flown at all times until it is worn out. The suggested location for the flag pole in the grass plot to the right of the entrance of the Village Hall, was approved. Mrs. Leighton, in behalf of the Woman's Club, invited the entire Council and Village Manager to be present at the ceremony set for 11:00 A.M., June 14, 1950. Mr. Reynolds moved that a letter of thanks be sent to the Miami Shores Woman's Club and to Mrs. Bramble, thanking them for the flag pole and flag. Motion was yr * �� 77 5/16/50 -3- seconded by Mr. Mackenzie and passed unanimously. A letter was received and read from Mr. Charles H. McKeown, of 190 N. W. 100th Terrace, in which he suggested that Village residents be given permits to fish in the evenings along the bay front. The Mayor explained that the ordinance recently passed to prohibit fishing except in daylight hours was brought about by complaints of property owners in that area. Mr. Carpenter moved that the Village Manager be instructed to answer Mr. McKeown's letter explaining that the Council does not see fit to change the ordinance inasmuch as the complaint was made by property owners adjoining the site in question. Motion was seconded by Mr. Reynolds and passed unanimously. Mr. -Anderson reported in the case of Ellis vs. Miami Shores, that the Judge had indicated that he would require the Village to issue a building permit to Mr. Ellis, but that in the meantime, the Council would be given an opportunity to take whatever action they desired. In the discussion that followed, Mr. Reynolds stated that he did not think that the Council should appeal this case. It was the Village Attorney's opinion that we should have a Supreme Court ruling on our ordinance for a future guide and he also brought out some of the facts of the case which indicated that this should not be considered as a hardship case. Mr. Carpenter then moved that if we are ruled against in the local court, that we appeal this case in a higher court. Motion was seconded by Mr. Franco, who added, that he felt in view of what we have already done this evening, that we should continue along the same line, and the motion was passed on a 4/1 vote with Mr. Reynolds dissenting. Mr. Dave Davis, representing Davis Displays, appeared before the Council with a proposal to furnish the Village with waste receptacles free of charge in return for permission to place advertising on these receptacles. 7s 79 -�- 5/16/50 Upon motion made by Mr. Carpenter, seconded by Mr. Mackenzie and unanimously passed, the Council rejected this offer. A The next business was in regard to a proposed hotel to be located on N. E. 87th Street just west of the Pure Oil Station. At the last Planning Board meeting, plans for this hotel were recommended for approval by the Council. Mr. Franco moved that the preliminary plans be tentatively approved, subject to the approval of the Hotel Commission and Building Department of the Village and re-submission of final plans for final approval. Motion was seconded by Mr. Reynolds and passed unanimously. A preliminary plat on the proposed subdivision of the Burke property was reviewed. Recommended changes by the Planning Board were approved. It was recommended by the Planning Board that the center line of N. W. 1st Avenue between 107th and 109th Streets be moved * feet, plus or minus, to the west in order to maintain the building zone of 75 ft. lots. This recommendation was approved by the Council on motion made by Mr. Mackenzie, seconded by Mr. Reynolds and passed unanimously. Because of a surveyor's error in the set-back lines of two homes nearing completion on N. E. 97th Street, it was recommended by the Planning Board that all houses built on the north side of 97th Street in Block 180, Miami Shores, Section #8, be required to meet the minimum setback of 17J ft. to be on line with houses now constructed at 1115 and 1099 N. E. 97th Street. Council approved this recommendation on motion made by Mr. Carpenter, seconded by Mr. Mackenzie and unanimously passed. The Village Manager was instructed to have an ordinance written requiring a registered surveyor's recorded plat of a lot before a building is begun as per the Miami and Miami Beach ordinance on this subject. O 81 -5- 5/16/50 Mr. Malagodi appeared before the Council to appeal the Planning Board's decision that he must close an exterior entrance to a bedroom in his new residence ori N. Miami Avenue. After the Council had heard statements in this regard by Mr. Malagodi and the Planning Board, Mr. Carpenter moved that the action of the Planning Board be sustained. Motion died for lack of a second. Mr. Franco stated he would like to have some more information and an opportunity to view the property in question. Members of the Planning Board emphatically stated that the ordinance prohibiting outside entrances should be upheld and no exceptions made. Mr. Carpenter then restated his first motion as follows: "that the ordinance concerning exterior entrances to bed- rooms be upheld and that this request be denied." This notion was seconded by Mr. Mackenzie. Mr. Franco still contended that he wanted to take time to look into this case and Mr. Reynolds moved that we table the motion which was seconded by Mr. Franco and passed on a /y/1 vote with Mr. Carpenter dissenting. Although Mr. Matheson was not present to discuss his complaint con- cerning the speed of trains passing through the Village, the Council brought up this matter and instructed the Village Manager to write Mr. Gaddis of the F.E.C. to come down here to help us work out something more satisfactory in regard to speed of the trains as well as the loud whistles. The Village Manager was instructed to survey the property owners on the streets where it has been recommended that the tall pines be removed rather than trimmed, to find out if they wish the trees removed even though no replacements can be made at this time. The Village Manager reported that Mr. McCune's and Mr. Crow's report will not be available-until the next meeting. 8 83 5/16/50 -6- A proposed RESOLUTION NO. 311 was read authorizing a replat of Block 64, creating one piece of property and eliminating the alley running thru same. Upon motion made by Mr. Carpenter, seconded by Mr. Mackenzie, RESOLUTION NO. 311 was unanimously passed and adopted and replat of Block 64 approved. The next item of business was in begard to a request for transfer of the beer license from the Gulf Station restaurant to the Shores Drive-In restaurant. After a discussion of the advisability of this transfer, Mr. Reynolds moved that it be approved. Motion was seconded by Mr. Mackenzie and passed on a 4/1 vote, with Mr. Carpenter dissenting. After a discussion with Mr. Daniel Voros concerning plans drawn by him for an addition to his home, on recommendation of the Planning Board, Mr. Reynolds moved that the Building Department be instructed to accept the plans of Mr. Voros as drawn. Motion was seconded by Mr. Franco and unanimously passed. Unpaid bills were reviewed and approved for payment upon motion made by Mr. Mackenzie, seconded by Mr. Franco and unanimously passed. Meeting adjourned at 9:45 P.M. Village Manager d Clerk APPROVE Mayor I 4