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12-05-1961 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL December 5, 1961 A regular meeting of the Miami Shores Village Council was held at 4:00 o'clock P. M. , December 5, 1961, at the Village Hall, with the follow- ing Councilmen present: Mayor Dale Miller John F. Saxon Dean R. Claussen Spencer W. Rudnick Joseph H. Walker Absent: None Mr. Thomas H. Anderson, Village Attorney, was also present. Minutes of the last regular meeting were approved by motion made by Mr. Rudnick, seconded by Mr. Saxon and passed unanimously. A letter was received from the Dade County Commission asking if the Village is in favor of $1.00 or $2. 00 fines for overtime parking. Upon motion made by Mr. Walker and seconded by Mr. Saxon, the Council unan- imously approved a $2. 00 fine. A letter was received from the Chamber of Commerce asking that the parking meters in the Village be covered during the Christmas buying period instead of the week before Christmas as in the past. Mr. Claussen moved that the Village Manager be authorized to handle this in his own discretion by con- tacting the Chamber of Commerce and reminding them of the offstreet parking provided out of anticipated revenue. Motion was seconded by Mr. Saxon and passed unanimously. A copy of a resolution passed by the City of Coral Gables concerning 86' 12/5/61 _Z_ Sunday business hours was received. The Council took no action. The Council was asked to determine whether or not it was advisable to adopt regulations concerning odors from a lawn sprinkling system. After some discussion, it was suggested that the Village Manager talk to the person whose well is so obnoxious to see if it can be dug deeper for better water. The Village Manager asked the Council to determine its position in relation to the four-laning of 95th St. from N.E. 2nd Ave. to N. W. 2nd Ave. by the County. Mr. McCall explained that he had written to the County Manager asking that the widening of this street be delayed and the funds diverted to other projects inasmuch as the residents were strongly against the four- laning of this street. However, the answer received was that the County still feels that this widening must be done. After discussion, Mr. Walker stated it is regrettable but it appears inevitable that the County will four-lane this street and moved that the Village not oppose the County°s plans for 95th Street. Motion was seconded by Mr. Claussen and passed 3/2 with Messrs. Saxon and Rudnick dissenting. Mr. Saxon stated he had no objection to four-laning 95th St. from N. W. 2nd Ave. to Miami Ave. Mr. Rudnick also stated that he felt the four- laning should proceed no further east than Miami Avenue as any widening beyond that point would be detrimental to the residential areas on 95th St. as well as the business section on 2nd Avenue. At the last Planning Board meeting, approval was given of a plot plan for the development of the business property north of 90th Street, east of Biscayne Blvd. , Lot 5 less the east 30 ft. and the north 25 ft. , Lot 6 less the north 25 ft. and the west 11 ft. , Lots 7, 8, 9 less the property known as Uncle -3- John's Pancake House and Lots 10 and 11 lying east of Biscayne Blvd. After some discussion, Mr. Claussen moved approval of the plot plan as submitted by the applicant. Motion was seconded by Mr. Rudnick and passed unanimously. Concerning the progress of the club house addition, the Village Manager reported that previous action of the Council limited the cost to $60, 000. How- ever, this figure did not include remodeling the dining room which is being done along with the other work and Mr. McCall added that he would like to have the amount increased by about $10, 000, so that it will not be necessary to deplete the club budget for building repairs. Mr. Walker moved that the Council amend the earlier amount to not to exceed $75, 000 for the club house improvements and at the same time compliment the Building Committee on the fine job they are doing. Motion was seconded by Mr. Saxon and passed unanimously. A contract was presented to cover radio communications service for the Police motorcycle, which was approved by motion made by Mr. Claussen, seconded by Mr. Walker and passed. After a review of the current bills, Mr. Walker moved they be approved. Motion was seconded by Mr. Claussen and passed unanimously. Next was the unfinished business of the application of the Janis Company for a variance in height and density on the apartment property at the east end of N. E. 105th Street. Mr. Rudnick made the following statement concerning his position in the matter: "The Janis Company has agreed to pay Ray Nichols, Realtor (the firm with which I am associated) a small fee for services rendered in assisting the Janis Company to reach a contract to purchase the 105th Street property in question from Bay Lands, Inc. "More than a full year of intensive development work by the CM t 12/5/61 -4- Ray Nichols office finally resulted in the conclusion of a binding agreement between the purchaser and the seller of subject property -- after countless hours of negotiation combined with considerable dissension among the sellers. "Since the sellers of the property could not reach any agreement with the Ray Nichols office regarding payment of commission, the Janis Company (the purchasers) realized both the extent and the amount of effort I myself and my office put forth to effectuate a deal and voluntarily offered the firm of Ray Nichols, Realtors, a small stipend for its work in their behalf. "Although I have made known my position and interest publically in this matter and have stated that I would take no part whatsoever in the voting on this matter before the Village Council, Councilman Walker has requested a formal statement from me stating that I relinquish all right and/or claim to any financial payment resulting from this transaction. That appears to be the stumbling block, as he has indicated to Mr. Bernard Janis and to me personally, pre- venting him from voting affirmatively on the matter. "Although I realize I have acted completely above board in all aspects of this case and although I also realize I have a complete legal, ethical and moral right to share in a fee from the Janis Company to the Ray Nichols office for services rendered in this case, I am firmly of the opinion that the proposed proposition will be of great long term benefit to the Village of Miami Shores and should not be "killed off" or prevented solely due to unwillingness on my part to accede to the request, however unwarranted it may be, of Councilman Walker. "Therefore, since the potential advantages of this proposition to the Village of Miami Shores, to mention only a few, such as: 1. The upgrading of multiple family development on 105th St. from mediocre to high-class status -- status truly in conformance with and complimentary to our single family residential development east of the Boulevard. 2. Approximately 12-1/2% of the land area to be built upon - leaving approximately 87-1/2% of the land area for light, air, landscaping, parking and recreational purposes. 3. Exceptionally low density of development -- fully in keeping with the objectives of our Master Plan. 4. The attraction of a more desirable and responsible type of 12/5/61 -5- resident for the Village because each resident will be a part owner of the property. 5. A perfectly proper building height for the land in question, based upon location, current land values, and a reasonable interpretation of modern building trends, together with no deleterious effect upon the residential development to the s outh. " -- Since the above listed advantages far outweigh the small compen- sation I would receive, I hereby announce that I relinquish and dis- claim any and all right which I may have to any commission or to the payment of any sum of money arising from this transaction. " Mr. Rudnick then stated he now felt he had a right to vote on the question. Mr. Claussen moved that the Council grant a variance in the height affecting the east 4-1/2 acres of property only to a height to allow a five-story building. Motion was seconded by Mr. Miller. Mr. Walker stated he felt that no Councilman should have any interest in a re-zoning or variance and that is why he had blocked the question but he personally feels that Mr. Janis will develop this property as a value to this community and inasmuch as these will be cooperative apartments the owners will take an interest in the community, and since Mr. Rudnick has relinquished all rights and interest in the sale of this property, Mr. Walker added he will be voting for this change. Mr. Saxon stated that he doesn't want to vote for this but he has never known any member of the Council to do anything that would reflect on the Village in any way and is sorry that Mr. Rudnick felt it necessary to make this state- ment as he didn't think there was any need for it. The motion passed 3/1 with Mr. Saxon dissenting and Mr. Rudnick 12/5/61 -6- not voting. Concerning the density permissible on this 4-1/Z acres, Mr. Claussen moved that the project as proposed not increase the density more than 12-1/Z per cent. Motion was seconded by Mr. Miller and passed by three affirmative votes with Mr. Saxon dissenting and Mr. Walker not voting as he stated he had not studied these plans fully enough. Traffic survey on Biscayne Boulevard - the Village Manager stated that theState Road Department has been asked to conduct some new surveys to determine the necessity for a traffic light. Mr. McCall further reported that 17 more street lights are needed on the Boulevard which Will cost approximately $1620 a year and recommended that the Council authorize these lights. A discussion followed concerning other locations that are in need of traffic control. Mr. Walker wanted to have a pedestrian light installed at Barry College and moved that it is the unanimous recommendation of the Village Council to the Dade County Commission that they cooperate in helping us get a pedestrian light at 115th St. and N. E. 2nd Ave. of a push button type that operates only by the pedestrian. Mr. Saxon seconded the motion and it was passed unanimously. Action on the lights for Biscayne Blvd. was postponed until the next meeting. A resolution was received from the Miami Shores Woman's Club recommending certain traffic safety measures for Biscayne Blvd. On the unfinished business of recommendations for Metro charter changes, the Village Manager stated he is working on this report. PYX 12/5/61 -7- Concerning the shuffleboard courts, Mr. McCall stated he has asked Mr. Markel to make up some estimates on the cost of these courts. In regard to the resolution received from Biscayne Park concerning a boat lift at the darn on the golf course, the Village Manager stated he had received a letter from the Flood Control District explaining that no definite commitments had been made for appropriations by the Federal government, or the Flood Control. Mr. Claussen reported that the Dade League of Municipalities is working with the Chamber of Commerce Research Committee toward the following: ,(1) putting the Metro courts back into the cities, (2) encourage annexation to aid in the financial picture and (3) encourage writing or drafting a bill of rights for the city governments and Metro. The meeting adjourned at 5:45 P. M. Village Clerk G Approved: Village-'Managek APPROVED: �D et�11) ��� Mayor