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05-17-1966 Regular Meeting e 35 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL May 17, 1966 A regular meeting of the Miami Shores Village C.6uncil was held at 4:00 o'clock P. M. , May 17, 1966, at the Village Hall, with the following Councilmen present: Mayor Dean R. Claussen Richard M. Lund Elwood Jones Raymond L. Clement James A. Dixon, Jr. Mr. Thomas H. Anderson, Village Attorney, was also present. The meeting was opened by Mayor Claussen and the invocation given by Councilman Raymond Clement. Minutes of the last meeting were approved as written by motion made by Mr. Lund, seconded by Mr. Jones and passed unanimously. The first business was opening bids for the Country Club House improvements which were recorded as follows: Base Bid Alternate #1 Alternate #2 (Deduct) (Deduct) PACK CONST. CORP. $38, 486. 00 12, 708. 00 25, 708. 00 HOEFLE CONST, CO. 43, 366. 00 16, 776. 00 24, 590. 00 HENRY DeGRAFF & SON, Inc. 45, 275. 00 18, 400. 00 26, 975. 00 SNEAD CONST. CORP. 37, 946. 00 15, 000. 00 22, 400. 00 Mr. Lund moved that the bids be received and taken under advise- ment for the Village Manager to make an analysis and recommendation. Motion was seconded by Mr. Jones and passed unanimously. 5/17/66 @ir -2- Paving and grading bids were as follows: WARD PAVING $3, 654. 00 BROOKS PAVING 3, 200. 00 Plumbing and septic tank alteration bids were as follows: NORTH DADE SEPTIC TANK $1, 439. 66 METROPOLITAN 1, 498. 00 ROSE 1, 275. 00 Mr. Lund moved that these bids be received and referred to the City Manager for recommendation. Motion was seconded by Mr. Jones and passed unanimously. On April 26, 1966, a public hearing was held by the Planning and Zoning Board on a petition of Dr. Paul Stratos to re-zone Lots 10, 11 and 12, Block 3, El Portal Subdivision, from residential to apartment use. At the conclusion of said hearing the Planning Board made a recommendation to the City Council that the petition of Dr. Stratos be denied. Dr. Stratos reviewed his case before the Council and requested that he be permitted to use this land for an apartment since he cannot sell it for single family use. It was the consensus of the Council that this would constitute spot zoning. Mr. Clement moved that the Council uphold the action of the Zoning Board. Motion was seconded by Mr. Dixon and passed unanimously. Approval for a Publix Market to be constructed on Tract A of Shores Center Subdivision was recommended by the Planning Board at its meeting of May 5, L966. At a public hearing on May 12, 1966, the Planning Board recommended that the north 150 ft. of Tract A be rezoned from 5/17/66 -3- apartment use to parking for a business zone which was requested by Publix Markets, Inc. Mayor Claussen stated that approval of the plans for the super- market and the rezoning would be considered together. Mr. Ed Wolz, 715 N. E. 91st St. , stated he objected to this re- zoning for parking and also objected to having the Publix Market face 92nd Street across from his apartments. After discussion, Mr. Clement moved that the Council approve this. Motion died for lack of a second. The Mayor suggested that this be delayed for two weeks to give the Council an opportun- ity to view some of the other Publix Markets in this area and to study the plan further. At the Planning Board meeting of May 12, 1966, approval was recommended for the plans of Mr. Howard Davlin to construct a split level home with Mansard roof on Lot 17, Block 3, River Bay Park Addition Sub- division. After a review of these plans Mr. Dixon moved that the Council uphold the action of the Planning and Zoning Board. Motion was seconded by Mr. Jones and passed unanimously. At the Planning Board meeting of May 12, 1966, approval was recommended for a permit to build on a 50 ft. lot by the owner, Mr. Paul Baron, Lot "C" of Watersedge Subdivision. Mr. Baron also owns the adjoining lot "K" which is dedicated as a public park and cannot be built on. Similar plans were approved by the Planning Board and by the Council in 1964 with a variance on the cubical content of the house. Mr. Dixon felt the owner should apply for a permit on the two lots that he owns and put 5/17/66 38 -4- his house on the property line. Mr. Dixon moved that the action of the Planning and Zoning Board in approving the construction of a house on this 50 ft, lot be overruled. Motion was seconded by Mr. Lund and passed 3/2 with Messrs. Claussen and Jones dissenting. Concerning the current bills, Mr. Lund moved that item #¢40 be deferred and not approved at this time until we have had a report on the work done on 103rd Street. Motion was seconded by Mr. Dixon and passed unanimously. Unfinished Business: (a) Community House improvements - A. discussion was held concerning the advisability of changing the deed restrictions on the property. The Council decided to hold a special meeting to consider the proposed plan and the deed restrictions. Mr. Lund moved that the Village Manager consult with the Village Attorney and prepare a proposed modification of this deed and submit recommendations in writing at this meeting. Motion was seconded by Mr. Dixon and passed unanimously. (b) Request for permits to build on Lots 20 and 22, Block 49, Miami Shores Subdivision - Mr. Michael Shores, attorney for the owner, stated they wished to withdraw Lot 20 from the request as it is being sold. Mr. Jones moved that the Council uphold the action of the Planning Board on Lot 22, Block 49. Motion was seconded by Mr. Dixon who stated that he dislikes the idea of building on 50 ft. lots but because we have been advised by the 5/17/66 39 -5- Village Attorney and from reading our own ordinance which provides for building on 50 ft. lots where there is improved property on either side, we have no alternative but to approve this plan. He added that he is now satisfied there has been a bona fide sale and transfer of the property and that the application is being made in the name of the present owner. The motion passed by a 3/2 vote with Mr. Clement and Mr. Lund dissenting. Mr. Lund stated he would like to again review this ordinance as he felt there is a loop hole existing here and suggested that the Council consider it individually or collectively with the thought of changing the ordinance. (c) Bay Lure section street drainage - The Village Manager reported that he has ordered an elevation survey and drainage study on 92nd and 93rd Streets. (d) Confirm informal action of Council in approving variance for wall at home of Mr. Frank Jacobi, 1293 N. E. 95th St. Mr. Lund moved that the Council formally approve the variance for the wall as per sketch (to be attached to minutes). Motion was seconded by Mr. Jones and passed by 3 affirmative votes with Mr. Clement and Mr. Dixon abstaining. (e) Sunday use of Community House playground - The Village Manager reported that the Recreation Director has not yet submitted a report. (f) Barry College landscape building - Mr. Day of Barry College, 5/17/66 4C -6- accompanied by their building contractor, presented a new plan for the landscape equipment building which included an 8 ft. wall along Miami Avenue and 111th Street. Mr. Dixon moved that the Council uphold the action of the Planning and Zoning Board with the provision that the ornamental wall and landscaping plans as presented by Mr. Day at this meeting be included in the over- all plan of construction. Motion was seconded by Mr. Jones and passed unanimously. Mr. Lund mentioned the boats in front yards and wanted to discuss how we might better police or service this. The present ordinance is Aot sufficient, he stated. The meeting adjourned at 5:55 P. M. Village Clerk Approved: Village ManagdIr APPROVED: Mayor 1293 N. E . 95th St. Mr. Jacobi appeared before the May 3, 1966 Council meeting and stated that he misunderstood action taken on his wall application at the last meeting. After this meeting adjourned the three Councilmen in attendance, Mayor Claussen, Mr. Lund and Mr. Jones visited the proposed wall site and approved construction of the wall with heights and distances shown below. WAIA- _114 P6LE Tq:D6r.---O'S FII -As 2WLhm "4- W I i i Note: The Planning Board minutes of March 24, 1966 reflect that Mr. Friedman, neighbor to the north, appeared and spoke in support of Mr. Jacobi's original application. Village anage 5/4/66