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08-05-1958 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL August 5, 1958 A regular meeting of the Miami Shores Village Council was held at 4:00 o'clock P.M. , August 5, 1958, at the. Village Hall, with.the follow- ing Councilmen present: Mayor Michael J. Franco John F. Saxon Dean R. Claussen Spencer W. Rudnick M. E. Reynolds Absent: None Mr. Thomas'H. Anderson, Village Attorney, was also present. Upon motion made by Mr. Rudnick and seconded by Mr. Saxon,. minutes of the last meeting were unanimously approved as written. The matter of the petition of the Chamber of Commerce for a lease on a Village-owned lot (Lot 2, Block.22, M. S. Sub. ) was referred back to the Council by the Planning Board without a recommendation inasmuch as it was decided that action could not properly be taken by the Planning Board. The Village Attorney was asked to explain his written .opinion that the Council has no authority to lease this property under the terms of the petition. Col. Gibson spoke in behalf of the Chamber which was followed by a general discussion. Mr. Saxon stated that he was very sympathetic with the Chamber's desire to construct a building. "However, " he continued, 'based on the moral obliga- tion imposed on.the Village when we purchased this particular property and in view of the planning of the Village to have that a buffer zone or park and based on our attorney's ruling, I move the petition from the Miami Shores 51 85/58 -2- Chamber of Commerce for a lease be denied.it Motion was seconded by Mr. Rudnick, who added that when the Village acquired that lot it was the understanding that the lot was purchased for a park in good faith as all the other lots. The Mayor stated that primarily this strip is a buffer and secondarily a park. The motion carried by a 4/1 vote with Mr. Claussen declining to vote. A recommendation for approval was received from the Planning Board for a variance to construct a screened porch on the rear of Mr. C. C. Chambers' home at 901 N. E. 97th St. which will be within six feet of his garage. Mr. Reynolds moved that the action of the 1}lanning Board be approved. Motion was seconded by Mr. Claussen and passed unanimously. The Council considered a memorandum from the Village Manager concerning the Flood Control District installing a dam in and widening the Bis- cayne is-cayne Canal Within the boundaries of the Miami Shores golf course, said memorau- dum being attached to and made a part of these minutes. Mr. Claussen moved that the Council approve the memorandum submitted by the Village Manager and authorize him to negotiate further with the District along the limes set out in the memorandum and report back to the Council as to his further negotiations. Motion was seconded by Mr. Rudnick and passed unanimously. After a review of the current bills,Mr. Reynolds moved that they be approved. Motion was seconded by Mr. Rudnick and passed unanimously. The meeting adjourned at 5:40 P.M. V ge Clerk APPROVED: Approv Village anag eor Mayor MIAMI SNORES VILLAGE Florida 111 � 111 � 1� 1) 11 � � 111 - August 5,. 1958 From VILLAGE MANAGER To VILLAGE COUNCIL SUBJECT% THE FLOOD CONTROL DISTRICT PROPOSAL TO INSTALL A DAM IN AND WIDEN THE BISCAYNE CANAL WITHIN THE BOUNDARIES OF THE GOLF COURSE. It is recommended that the present litigation be dismissed and the Villagegi ' ve- the District the necessary easements to do the proposed work upon compliance with the following conditions: 1. The proposed dam be located at a point: not less than 250 feet southeasterly from the presently proposed location and near the westerly side of the existing footbridge at No, 12 tee.` Any widening of the canal'for the installation of the dam to be west of said No. 12 tee. (This location would not ,after completion interfere in any with the golf play, 2. The. easement documentsinclude provision that golf play will be permitted across the easement strips and°the -canal so long Is the abutting property is used as,a golf course, and that bridges necessary for such golf play may be maintained with reasonable clearance as approved by the Flood Control District, 3, The structure include the passageway designed for the use of golfers, and electric carts in the originally planned structure location at No, 2 tee near the eastern edge of the golf course. (This would enable the Village to eliminate the existing foot bridge at No. 12 tee and place it along the northern edge of 16 fairway which would be used by both golfers and school children, thereby,eliminating children crossing the canal in the vicinity of or on the dam, 4. The temporary canal by-pass be on the south side of the stream beginning at a point not less than 150 feet southeast of the easterly edge` of the figure marked S-28 on the District drawings filed in the Court, and curving south and easterly the necessary distance. 5. The District secure permission from the Florida. East Coast.Railroad ' for the maintenance of catwalk underpasses attached to the railroad bridge if the canal widening should eliminate ground: surface to such an MIAMI SNORES VILLAGE Florida 11] � 111J111111 � Jl11 Page 2. August 5, 1958 From VILLAGE MANAGER To VILLAGE COUNCIL SUBJECT: extent that present type underpasses cannot be maintained as they now exist underlease from the railroad. 6. The District provide the necessary temporary or, floating bridges sufficient for the continuance of golf play during construction and widening of the canal; at least one bridge to be of a .capacity for carrying maintenance trucks and tractors, 7. Electric lines required for the operation of the dam be placed so that they do not cross golf playing areas. 8. The permanent access road be along the canal on either the north or south side and enter from N. E. 107th Street. The. Village be permitted to maintain it as a grassed area, 9. Temporary easements for storage areas be as outlined generally on the attached sketch, 10. An acceptable cash settlement be offered the Council, including all costs, expenses arid.attorney fees.