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09-14-1965 Regular Meeting 52 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL September 14, 1965 (Postponed from September 7, 1965) A regular meeting of the Miami Shores Village Council was held at 4:00 o'clock P. M. September 14, 1965 at the Village Hall (postponed from September 7, 1965 because of the hurricane), with the following Councilmen present: Mayor Dean R. Claussen Richard M. Lund Ray L. Clement Elwood Jones James A. Dixon, Jr. Absent: None Mr. Thomas H. Anderson, Village Attorney, was also present. The meeting was opened by Mayor Claussen and the invocation given by Councilman Ray L. Clement. Minutes of the last regular meeting were approved as written by motion made by Mr. Clement, seconded by Mr. Jones and passed unanimously. The first business was opening bids for improvements at the Country Club which were as follows: Base Bid Alternate CHITWOOD CONSTRUCTION CO. $ 32, 000. 00 7, 700. 00 HENRY DeGRAFF & SON 31, 992. 00 7, 500. 00 HARRISON CONSTRUCTION CO. 33, 760. 00 8, 699. 00 HOEFLE CONSTRUCTION CO. 31, 789. 00 7, 585. 00 Paving bids were as follows: BROOKS PAVING CO. 19, 525. 00 3,, 150. 00 WEEKLEY ASPHALT PAVING CO. 19, 995. 00 3, 185. 00 WILLIAMS PAVING CO. 20, 512, 00 3, 210. 00 Mr. Dixon moved that the Council take these bids under advisement. 9/14/65�� -2- Motion was seconded by Mr. Clement and passed unanimously. Next was the presentation by Mayor Claussen of a plaque to Stuart A. Senneff in appreciation of his services as Chief of Police for the past 20 years. On behalf of the Council, Mayor Claussen congratulated the Chief on his fine service and expressed the hope that he will be with the Village for a long time. Mr. Glenn Partin of the Miami Shores Taxpayers League asked to be heard. He stated that three months ago a group came to the City Hall to find out about the construction of a cultural center on N. E. 2nd Avenue and requested that the Council hold a public meeting which was done. They then came back to the following Council meeting and were told the Council was not ready to discuss it. They came back again to the following Council meeting. Mr. Partin said a statement was made at the meeting of June 29th that the Council would study and review this proposal and the remarks made by those attending that meeting. He continued that those who are deeply concerned and vitally interested in this would like very much to have the Council take positive or negative action, as they see fit. Mr. Partin stated that he believed 90 days has been ample time to give consideration to this. Mr. John Prunty, attorney for the Taxpayers League, pointed out the cost of this type of facility and questioned the soundness of such an expenditure at this time. Mr. Clement stated he was glad to hear someone is concerned about the tax situation. Mr. Lund stated he is willing to vote on it now, but that the Council 914/65 54 has been working on the budget and when that is through they will be able to work on capital improvements. Mr. Lund stated he would like to specify a date when this will be heard and let everyone know definitely at what time the matter will be heard or disposed of in one way or another. Mr. Dixon stated that he unfortunately was not able to attend the meeting when this was discussed and that he would not waw to vote at this time on the desirability or non-desirability of an additional recreation center or any other sort of capital improvement. He stated these people are entitled to know when and if we will take any action with respect to this type facility. Mr. Dixon then moved that this additional recreation center be withdrawn from the "unfinished business" portion of the agenda and that it not be placed upon the agenda except upon written notice to Mr. Prunty or Mr. Partin at least two weeks or ten days in advance of when it is to come up. Mr. Dixon added that the Council cannot wait to make certain capital improvements because we would end up with deteriorated equipment and facilities. He (See Minutes of Oct. 5, 1965) stated he doesn't want to abolish any sort of facility and that it may be necessary to resolve this by a bond referendum. Then if a majority of the people want it and we can afford it, it will be approved and if the majority don't want it then it will be dropped. Mr. Jones seconded the original motion. Mr. Lund asked that an amendment be added to the motion to provide that in addition to notice to these two gentlemen that a notice be placed in our Village Bulletin when this matter will be discussed by the Council again. The amendment was accepted by Mr. Dixon and Mr. Jones. Upon vote the amended motion was unanimously passed. Next on the agenda was Mr. Thomas De Wolf, attorney for Mr. Beck, 9/14/65 5 -4- owner of the residence at 245 N. E. 99th St. Mr. De Wolf stated that the problem that Mr. Beckfl was concerned about was the parking lot west of his home at the rear of the new three-story office building and that there is no buffer between this lot and Mr. Beck's property. Mr. De Wolf mentioned the law suit that had been filed to prevent use of the parking lot without a buffer and that they were unsuccessful in getting an injunction, but that it was the judge's recommendation that the matter be reconsidered by the Planning Board and the Council for the provision of some type of buffer other than the proposed wall. Mr. Beck would like some type of landscaping that will protect him from the parking lot and the building, preferably Maleleuca trees. Mr. McCall reported that he believes the fence has been started. After some discussion Mr. Clement moved that the Village Manager be instructed to negotiate with the builder to see if we can get trees of a desired height to satisfy Mr. Beck and that he be notified immediately to stop the foundation of his wall. Motion was seconded by Mr. Lund and passed unanimously. Mr. Dixon suggested that the City Attorney prepare for the next meeting or a subsequent meeting a amendment to the zoning ordinance to rectify this unfortunate situation so it is clear as to what we require; an ordinance that will require any person improving a zone that abuts residential property to place such landscaping on their property as will adequately shield their property. The next item of business was consideration of the dues for the Dade League of Municipalities. Mr. Lund moved that we pay these dues. Motion was seconded by Mr. Clement and passed unanimously. Concerning the remaining appointments to the Pension Board - Mr. Jones moved that Mr. McIntyre be appointed as the employee. Motion was 9/14/656 -5- seconded by Mr. Dixon and passed unanimously. Mr. Jones moved that Mr. Clement be named as the Councilman. Motion was seconded by Mr. Dixon and passed unanimously. Planning Board minutes - At the Planning Board meeting of August 12, 1965, a variance was recommended for Mr. Wm. D. Alexander, 234 N. E. 92nd St. , Lots 8 and 9, Block 25, to permit a swimming pool enclosure to be 2. 57 ft. from the rear property line instead of the required 5 ft. After review of the plan and the letters of approval from the adjoining property owners, Mr. Jones moved that the Council approve the Planning Board recommendation. Motion was seconded by Mr. Dixon and passed unanimously. Approval was recommended by the Planning Board for Elizabeth Anstine to use her old sign at her new business address at 9025 Biscayne Blvd. with a variance on the size of the sign. Upon motion made by Mr. Clement and seconded by Mr. Jones, the action of the Planning Board was unanimously approved. A variance was recommended by the Planning Board for a garage addition to the residence of Dr. Breitbart, 9200 N. W. 2nd Ave. , Lots 23 & 24, Block 135, M. S. Sub. , which will add to a non-conforming rear setback of 13. 55 ft. After a review of the plan Mr. Jones moved that the request be granted. Motion was seconded by Mr. Clement and passed unanimously. The revised plans for the paving of the Presbyterian Church parking lot were reviewed with regard to an entrance on 96th St. After advice from Mr. Anderson concerning a provisional permit, Mr. Lund moved that the Council grant approval for an entrance on 96th St. on condition that the permit recite that it is subject to the condition that use of the entrance may be revoked by 9/14/65 -6- Council action if it appears reasonably necessary. Motion was seconded by Mr. Jones and passed 4/1 with Mr. Clement dissenting because he couldn't see how the entrance would be of any good to them. After a review of the July and August lists of bills, Mr. Clement moved that they be approved. Motion was seconded by Mr. Dixon and passed unanimously. Concerning the International City Managers Association conference in Montreal September 17th, Mr. Clement moved that we send the City Manager to Montreal. Motion was seconded by Mr. Jones and passed unanimously. In regard to the chimes at the Community Church, Mr. Dixon moved that the City Attorney, Mr. Anderson, be instructed to take whatever steps are necessary in his judgment to abate the nuisance existing at the Miami Shores Community Church from noise being created by one of the neighbors and that the execution of an injunction bond be authorized. Motion was seconded by Mr. Jones and passed unanimously. One of the Villagers asked about getting the vacant prog�erty on the east side df N. E. . 2nd Ave. between 101 and 102nd Sts. cleaned up. The meeting adjourned at 5:45 P. M. Village erk Approved: Village Manager APPROVED: ow4 mayor