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09-06-1960 Regular Meeting 44 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL. September 6, 1960 A regular meeting of the Miami Shores Village Council was held at 4:00 o1clock P.M. , September 6, 1960, at the Village Hall, with the following Councilmen present: Mayor Dean R. Claus s en Spencer W. Rudnick John F. Saxon Joseph H. Walker Absent: Michael J. Franco Mr. Thomas H. Anderson, Village Attorney, was also present. Minutes of the last regular meeting of July 19, 1960 were approved as written by motion made by Mr. Rudnick, seconded by Mr. Saxon and passed unanimously. Minutes of the Public Hearing of July 21 were approved by motion made by Mr. Saxon, seconded by Mr. Rudnick and passed. Minutes of the Equalization Board meetings of July 21 and 22 were approved by motion made by Mr. Rudnick, seconded by Mr. Saxon and passed. Minutes of the special meeting of July 22nd were approved by motion made by Mr. Saxon, seconded by Mr. Rudnick and passed. Mr. Walker declined to vote on the minutes of the meetings at which he was absent. The Library Board presented a resolution to the Council asking that the Village borrow $30, 000 for the construction of additions A.and B to-the Library plus central air conditioning as described in plans designed by Edwin T. Reeder dated June 17, 1960. Dr. Keiser stated that the low bids on this work amounted to $29, 119. Mr. Saxon then moved that the Council pledge 45 9/6/60 -2- the full mill of $31, 000 to the Library this year and next year and approve the construction of A and B plus the air conditioning. This motion was not seconded. In the discussion that followed Mr. Walker moved that the city Manager and his staff work toward negotiating and obtaining these funds for the new construction. This motion was not seconded. The Village Manager stated it would be necessary to pass a resolution authorizing issuance of certificates of indebtedness with the power franchise revenue pledged as security. A new motion was then made by Mr. Saxon, that the Village Manager be directed to prepare the necessary steps to carry out the intent of the resolution presented by the Library Board on September 6, 1960. Motion was seconded by Mr. Walker and passed unanimously. Mr. D. R. Voorhites, 307 N. E. 99th St. , was present to explain to the Council that he had requested and been given approval to use the Council room for what he now clarified as a debate on the subject of U.S. intervention in. Cuba. Because he had inserted an ad in the Miami Herald inviting everyone interested in this subject to call him, at which time he told them of the meeting at the Miami Shores City Hall, it was felt that the Council room was being used for a county- wide meeting instead of a meeting of Village citizens. After some discussion Mr. Saxon moved that the Village Manager' s permission to use the Council Chamber for Wednesday evening, September 7th, be confirmed by the Council and that the number in attendance be limited to those who can be seated. Mr. Rudnick seconded this motion and it was passed 3/1 with Mr. Walkex dissenting. Mrs. Jean Thompson of 157 N. W. 92nd St. , and her attorney, Mr. Swope, were present in regard to a complaint.voiced by her neighbor, Mrs. Wachs, 46 9,6/60 -3- that Mrs. Thompson had not ceased her child care operation as of September 1st, as previously ordered by the Council. Mrs. Thompson contended that she is now only taking care of her two children and three children of a roomer in her home. Discussion arose as to whether or not the home was being used by two families. Mr. Anderson stated there is a plain violation of the zoning ordinance inasmuch as there cannot be two families in a single family dwelling. However, he added, if it would cause a hardship on this lady were she forced- to orcedto move, she could apply to the Planning Board for a variance. Mr. Saxon stated that the Council gave Mrs. Thompson until September 1st to make different arrangements and added that he is disappointed that the matter is. before the Council again. Mr. Rudnick thought the matter should be sent to the Planning Board and then back to the Council inasmuch as there is a technical violation and a hardship involved. Mr. Walker thought that it was too early to determine if this new arrangement is going to create a nuisance to the neighbors and suggested that they check with the Village Manager one month from this date and if they have just cause, file a complaint at that time. In the meantime Mrs. Thompson should bear in mind that technically she may be in violation and therefore if the situation is troublesome and annoying that she might then bring about her own problem, and that she take exceptional care in considering the neighbors in regard to behavior of the children. Mr. Walker then moved that the Council defer this from further consideration for one month from this date to give the parties involved a chance for consideration and to give the Village Manager and Village Attorney time to determine our position in regard to the zoning, and that it only be 47 g/6/60 -4- brought to our attention again if there is a written complaint after one month. Motion was seconded by Mr. Saxon and passed unanimously. A, recommendation was received that the Council establish a fee to be charged golfers who use their own electric carts. After discussion.the Council decided to take this under advisement until a. joint meeting is held with the Golf Committees. It was decided that the first of these dinner meetings would be held on the last Tuesday in September, the 27th, and at that time decide how frequently to meet jointly in the future. The Village Manager presented a lease agreemt t requested by the Chief of Police covering the leasing of headlight testing equipment for the two inspection stations. Mr. Walker moved that this agreement be approved. Motion was seconded by Mr. Saxon and passed unanimously. The Council took up the matter of the proposed three-way transaction wherein Bessemer Properties would acquire Lots 15, 16 and 17 in. Block 30 (Lots 15 and 16 being zoned for parking), the Village would acquire Lots 6, 22 and 23 of Block 18 (all three being zoned for parking), and Mr. Jones acquiring Lots 27 and 28, Block 59 (both being zoned for office use); all of said lots being part of Miami Shores Subdivision. The plan of procedure being as follows; Mr. Jones to exercise his option to purchase the three lots in Block 30 and trade them to the Village in exchange for the two lots in Block 59 a plus $15, 000 Certificate of Indebtedness, supported by a pledge of the parking meter revenue. The Village would then trade the three lots in Block 30 to Bessemer Properties for the three lots in Block 18 on an even basis. Letters were received from Mr. Jones and Bessemer Properties �QP 9/6/60 -5- agreeing to the proposed transaction except that the Bessemer letter asked for an understanding that Lot 17 in Block 30 could be used for parking in the future if needed. However, the Council felt that it was unable to concur in such an understanding as the zoning would have to be changed according to zoning regulation procedures. After some discussion Mr. Walker moved that the Council adopt a resolution authorizing the Village Manager to conclude the purchase of the properties from Mr. Jones in accordance with his letter of September 6th and that the Mayor and the Village Clerk be authorized to execute and deliver to Mr. Jones the $15, 000 certificate pledging revenue de- rived from the operation of the parking meters. Motion was seconded by Mr. Saxon and passed unanimously. Mr. Saxon moved that the Village Manager be directed to prepare a resolution honoring Shirley Stobs of Miami Shores, for winning a gold medal in the swimming events at the Olympics. Motion was seconded and passed unanimously. A letter was received from the National Institute of Municipal Law Officers calling attention to the threat of Federal taxation of state and munici- pal bonds in the Life Insurance Company Income Tax Act of 1959 and urging the cities through their Congressional delegation to oppose the proposed regu- lations in this Act. Mr. Walker moved that the Village Manager prepare a resoltution to this effect for the next Council meeting. Motion was seconded by Mr. Saxon and passed unanimously. A letter was received inviting Miami Shores to participate in the Metropolitan Miami Flower Show to be held in April, 1961. The Council agreed to decline this invitation inasmuch as the Village does not have the 49 9/6/60 -6- technical help to prepare an exhibition for the show. At the last Planning Board meeting of July 28, 1960, a zoning violation was discussed wherein Dr. D. J. Muncie, 150 N. E. 96th St., had constructed, without permit, a frame utility house on the rear lot line, violating the type of construction and set back regulations. The Planning Board referred this to the Council without a recommendation. In the dis- cussiou that followed Mr. Anderson stated that we should put an item in the bulletin regarding the requirement of a building permit. The Mayor suggested that this be brought to court for action by our municipal judge. The Council took no action. Mr. Rudnick stated, and the Council concurred, that people convert- ing garages or constructing additions that could be used for rental purposes, should be required to sign an affidavit and be charged for the recording. Approval was granted by motion made by Mr. Saxon, seconded by Mr. Rudnick and passed, for Miami Shores to be host at the September meeting of the Ptilice Chiefs' Association. It was requested that approval be given to negotiate the purchase of four additional garbage packer trucks to be financed by chattel mortgage. Mayor Claussen suggested waiting on the method of financing until the cash carryover is determined which may be larger than we anticipated, making more cash available. After a review of the current bills, Mr. Saxon moved that they be approved. Motion was seconded by Mr. Rudnick and passed unanimously. so 9/6/60 On the unfinished business of the tennis courts the Council asked the Village Manager to prepare some specifications. Appointment of a Planning Board member was deferred. The meeting adjourned at 6:00. P.M. Village Clerk Approved: 4Vg e Ma ger APPROVED: Mayor