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05-03-1955 Regular Meeting 71 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL May 3, 1955 A regular meeting of the Miami Shores Village Council was held at 4:00 o'clock P.M. , May 3, 1955, at the Village Hall, with the following Councilmen present: Mayor Dean R. Claussen Michael J. Franco M. E. Reynolds William E. Carpenter S. D. Phillips, Jr. Absent: None Mr. Thomas H. Anderson, Village Attorney, was also present. Minutes of the last meeting were adopted as written upon motion made by Mr. Phillips, seconded by Mr. Reynolds and unanimously carried. Mr. Julian Frix, Chairman of the Citizens Committee appointed by the Village Council to study the Country Club operation, presented the Committee's formal written report to the Council. Mr. Carpenter moved that we accept this report with thanks and appreciation for the work done and that we hold it for further study; that we instruct the Village Manager to have the Village Attorney give us his opinion regarding the Committee's recommendation; further that his recommendation contain an opinion regarding leasing of the club, and also, that the Village auditors prepare a projection of the operating statement of the club for our further study. The motion was seconded by Mr. Reynolds and passed unanimously. Mr. Joseph Hart was again present in regard to his recent application for a beer license for the Pickin' Chicken Restaurant dining room. Mr. Phillips moved that the application of Mr. Joseph Hart for a license to sell beer within 72 73 5/3/55 the confines of his building be approved. The motion was seconded by Mr. Reynolds, after which a letter was read from the Miami Shores Woman's Club requesting that this license be denied. Mr. Phillips made the statement that this would only con- cern beer and wine sold in the building and not outside and that no containers would be dispensed outside, that almost every restaurant does have this type of license, that in his knowledge, Mr. Hart has conducted a very quiet operation and further, he felt that if taken to court, the court would over-rule us and we would be put to needless expense. Mr. Carpenter mentioned breaking the precedent that has been established in not granting any new licenses and that other requests have been made, like the Village Inn, and he does not feel there is any precedent for granting it. Mr. Franco repeated some of his statements previously made, - that he sympathizes with Mr. Hart but at the same time he feels that the people in the Shores elected the Council because they respect their judgment and, that the majority of the people in the Village do not want any additional beer and wine licenses granted. It was Mr. Reynolds' opinion that the applicant is entitled to this permit, that his establish- ment is well managed, that it is an established custom throughout the country, and that this place is removed from the residential section of the city on a through highway. A roll call of the vote was made with the following results: Mr. Carpenter "No. " Mr. Franco "No. it Mr. Reynolds "Yes. " Mr. Phillips "Yes. " Mr. Claussen "No. " The motion failed on a 2 to 3 vote. Mrs. J. D. Roper, 147 N. W. 109th Street, as well as several other mothers, was present to petition the Council to assist them in getting the School 74 75 -3- 5/3/55 Board to change the new school boundaries so that the children in that area can remain in the Miami Shores School. Mayor Claussen stated that he had already spoken to Dr. Butler, member of the School Board, about this and that he was going to take it up with the Board at a meeting to be held tomorrow night. Mr. C. B. Parker, 28 N. W. 111th St. , asked that sidewalks be built along Miami Avenue, in the event that the boundaries are left as they are and that Miami Shores children have to go to the new school. The next item on the agenda was the opening of bids for supplying gas to the Country Club. Invitation to bid was sent to three gas companies and two submitted bids. After some discussion of the rates that the present supplier, Brook Gas Co. , has been charging the Village, some members of the Council felt these bids should not be opened until further investigation is made of the charges. Mr. Reynolds moved that the opening of the bids be postponed for a period of two weeks and the Village Manager be instructed to investigate the price range now and in prior years. Mr. Franco seconded this motion and added an amendment that additional bids be secured. The amendment was seconded by Mr. Phillips as amended and unanimously carried. After which the original motion/was unanimously passed. In regard to the contract with the Power Company to effect a saving on the service to the Library, Mr. Phillips moved that the Village Manager be empowered to sign the contract. Motion was seconded by Mr. Reynolds and unanimously carried. The Village Manager made a report on the street surfacing contract and stated that with some additional work, the total contract amounted to $18, 768. 65, or about $5, 000 over the original contract. However, it was 76 77 -4- 5/3/55 Mr. McCall's opinion that there would be sufficient cash on hand to pay for the entire job, without financing. Mr. Reynolds moved that the Village Manager be instructed to proceed with payment. Motion was seconded by Mr. Franco and unanimously passed. The next business was in regard to taking legal action against Richard E. Seip for handling used cars at his residence. After some discussion, Mr. Phillips moved that the action of the Village Manager in revoking the license issued to Richard E. Seip at 134 N. E. 102nd Street, be confirmed and that an appropriate resolution setting forth that the license was issued under a mis- statement of fact be adopted by the Council. The motion was seconded by Mr. Franco and passed unanimously. Pension Plan - in a letter to the Council, the Village Attorney advised that, in his opinion, the Pension Plan had been approved by the Freeholders of the Village, but he further advised that it should be finally resolved by sub- mitting it to the Circuit Court in suit for declaratory decree. The Council felt that many of the Freeholders would criticize this course of action. Mr. Reynolds moved that in view of the confusion in the minds of the Villagers as a result of the recent election on the question of the Pension Plan, the Council deems it advisable to hold a special election on this single question alone in order to obtain a more definite expression of the Freeholders and that a definite pension plan be prepared to be presented at a special election to be held on the second Tuesday of October. Mr. Franco seconded the motion and it was unanimously carried. The Planning Board recommended approval to Mr. R. V. Guernsey to replat the circular drive in Miami Shores Bay Park Estates. Mr. Phillips 7S 79 5%355 -5- moved that the recommendation of the Planning Board be approved. Motion was seconded by Mr. Reynolds and passed by four affirmative votes, with Mr. Franco abstaining from the vote. The next Planning Board recommendation was approval of a 12-unit apartment house to be built on Lots 22, 23 & 24, Block 63, Miami Shores Sub. After the Building Inspector reviewed the lot area requirements on this type of building Mr. Carpenter moved that the recommendation of the Planning Board be approved. Motion was seconded by Mr. Franco and unanimously carried. Final plans on an addition to Detroit Efficiencies were recommended for approval by the Planning Board and confirmed by the Council upon motion made by Mr. Franco, seconded by Mr. Phillips and passed unanimously. The Planning Board also recommended approval of Mr. William Dick's request to subdivide his property for another building site. After some discussion Mr. Reynolds moved that the Village Manager be instructed to investigate this and report back at the next Council meeting. Motion was seconded by Mr. Phillips and unanimously carried. Unfinished business - the Chief of Police made a report on the traffic situation on Biscayne Blvd. at 88th Terrace and recommended re-installation of the "Go at All Times' sign, as well as the purchase and installation of a new controller which will synchronize the lights for north bound traffic in the morning and southbound in the evening. Mr. Phillips moved that the traffic controls at 88th. Terrace and Biscayne Blvd. be left up to the discretion of the Chief of Police and City Manager. Motion was seconded by Mr. Reynolds and unanim- ously carried. , so 81 -6- 5/3/55 After a review of the financial picture of the Country Club for this fiscal year, it was moved by Mr. Reynolds that the Village Manager be instructed to close the Golf Course dining room one day a week, the day to be left to his discretion. Motion was seconded by Mr. Franco and passed unanimously. The Village Manager reported that he was getting estimates on the cost of air conditioning the terrace room at the Club. Concerning the Planning Board members, a letter of resignation was received from Mr. L. J. McCaffrey which was accepted with regrets by motion made by Mr. Reynolds, seconded by Mr. Carpenter and unanimously carried. It was then moved by Mr. Reynolds that Mr. George Frix be appointed to serve the remainder of Mr. McCaffrey's term. Motion was seconded by Mr. Phillips and passed unanimously. Mr. Reynolds then moved that Mr. Spencer Rudnick be appointed to fill the other vacancy. Motion was seconded by Mr. Carpenter and passed unanimously. After a review of the bills, Mr. Franco moved that they be approved. Motion was seconded by Mr. Phillips and unanimously carried. The meeting adjourned at 6:25 P. M. iC ✓lit�__/_f_�_ _� � Deputy Cler - Approved: c Village -Manager'and Clerk APPROVED: Mayor S2N Y