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05-15-1951 Regular Meeting 1-4 b5 REGULAR. MEETING MIAMI SHORES VILLAGE COUNCIL May 15, 1951 A regular meeting of the Village Council of Miami Shores Village, Florida, was held at 7:30 o'clock P.M. , May 15, 1951, at the Village Hall, with the following Councilmen present: M. E. Reynolds, Mayor George A. Frix Michael J. Franco William E. Carpenter S. D. Phillips, Jr. Absent: None Mr. Anderson, Village Attorney, was also present. Upon motion made by Mr. Frix, seconded by Mr. Phillips and carried, reading of the minutes of the last regular meeting was dispensed with and they were approved as written. The first item of business was a further discussion on the power company franchise. Mayor Reynolds reported that he had asked the Rader Engineering firm if this franchise agreement would in any way affect our right to request at some future time that the power lines be put underground and it was their opinion that this right was not relinquished by the proposed contract. Mayor Reynolds also added that he believed that this additional revenue should be earmarked for a beautification fund. A discussion followed concerning some of the points brought up by Mr. Anderson in his written report on this franchise. It was also pointed out that the power company would not agree to make any changes to its standard agreement and the Village would have to accept it as written or give up the revenue that will be derived from it. In view of these I 66 0 7 -2- 5/15/51 facts, Mr. Phillips moved that the contract be accepted as presented, to be known as Miami Shores Village ORDINANCE NO. 218, and entitled: AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO. Motion was seconded by Mr. Frix. Additional questions were brought up by Mr. Carpenter. After which a vote was taken and it was unanimously passed, with the effective date of the contract to be June 1, 1951. The next item on the agenda was the application of Mr. Lee Lincoln for a reduction in the cube requirements on the bayfront lots in Bay Lure Sub- and permission to close a portion of N. Bayshore Drive in this Subdivision. division, Mr. Lincoln's attorney, Mr. F. A. Sobieski, represented him at this meeting. Concerning the zoning request, the Village Manager explained to Mr. Sobieski that the facts as stated were in error because the low cube requirements mentioned did not refer to any property within the Village. Mr. Sobieski suggested tabling this request until he had further instructions. It was requested that a portion of Bayshore Drive be closed so that it would not be used as an entrance to property in the subdivision to the north. Mayor Reynolds explained that the Planning Board had been notified that no garages could be built in the adjoining subdivision that would require the use of this street. In discussing the zoning in Bay Lure Subdivision, attention was called to the fact that frame houses are permitted in this area and the Council felt this should be changed. A letter was read from the office of the Anti-Mosquito District requesting written permission to the CAA to allow low flying for aerial spraying. 68 9 -3- 5/15/51 Upon motion made by Mr. Franco, seconded by Mr. Carpenter and unanimously passed, this permission was granted. A petition was received from residents on N. W. 106th Street and neighbors, concerning the unsightly condition of one of the houses on N. W. 106th Street. Council discussed this complaint and on advice of the Village Attorney, instructed the Village Manager to attempt to eliminate the condition by contacting the property owner in question. The Village Attorney read the two charter amendments that he had prepared for submission to the Legislature, - the first one having to do with the right of the Police Department to try people in Municipal Court on a blotter entry and the other one permitting the Village to set aside funds for an employee pension plan, if approved by vote of the freeholders. Council approved both amendments. The next business was in regard to the sidewalk repair program. The Village Manager reported that a survey had been made of the broken side- walk in the business section and repair of same will cost around $3600. 00. Concerning the whole program, it was suggested that priorities be set up and that the work be done in sections with the N. E. 2nd Ave. business zone first. In discussing the difficulties involved in financing this project, it was the Village Attorney's recommendation that we should get one of the property owners to cooperate with the Village and inaugurate a test suit to find out in court if the Village can force the property owners to fix sidewalks. Mr. Frix then moved that the Village Manager be instructed to mail registered notices to all property 70 71 5/15/51 -4- owners whose property fronts on the 2nd Ave. business section, notifying them to repair the sidewalks in front of their property within 30 days from receipt of the letter or the Village will have the sidewalks repaired and bill them on a pro-rata foot basis. Motion was seconded by Mr. Franco and passed unanimously. Mr. Carpenter stated that the Presbyterian Church is planning to fix the sidewalks around their property and asked about moving the trees that are too close to the walks. The Village Manager stated the Village would move them if they wish. Mayor Reynolds discussed the constitutional amendment now before the Legislature concerning consolidation. He stated he had written to our representatives recommending a change in its wording and had sent copies of this letter to other municipalities in Dade County for their action. A letter was read from the Miami Shores Elementary School asking for the use of the Community House for junior kindergarden again next year. Discussion followed as to deed restrictions on this property and whether or not Bessemer Properties will again approve this use. Mr. Frix moved that the Council approve the request and instruct the Village Manager to contact Bessemer Properties for their approval of the use of the Community House for junior kindergarden for the 51-52 term. Motion was seconded by Mr. Phillips and passed unanimously. The next business was setting a date for Council appointments. The Mayor explained that some of the terms of office expire July 1st and it was decided that these appointments would be made at the next meeting, June 5th. 7`y 73 -5- 5/15/51 An excerpt of the minutes of the last Planning Board meeting was read wr.erein they recommended approval of Mr. Ansin's request that his property at 105th Street west of the Blvd. be zoned as Hotel or Apartment Hotel. In. dis- cussing is-cussing this request, it was pointed out that the purchase of the street right-of- way had never been completed. The Village Attorney was instructed to check into this and the request for change of zoning classification was tabled. Mr. Ward of the Chamber of Commerce, presented final plans for construction of a church directory sign at 96th Street and the Blvd. Council approved going ahead with the sign, providing it is erected in coordination with the Police Department. A petition was received and read from property owners in Miami Shores Estates requesting that the Council take action to correct the drainage problem in that subdivision. The Village Manager reported that some work has been done to alleviate this situation and upon motion made by Mr. Carpenter, seconded by Mr. Frix, and unanimously passed, Council authorized the Village Manager to correct this problem. After a review of the unpaid bills, Mr. Frix moved that they be paid. Motion was seconded by Mr. Carpenter and passed unanimously. Meeting adjourned at 10:15 P.M. Village Manage and Cle k OVED: May 74