06-07-1966 Regular Meeting 41
REGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
June 7, 1966
A regular meeting of the Miami Shores Village Council was held
at 4;00 o'clock P. M. , June 7, 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 Reverend Ben Varner of the Advent Lutheran Church.
Minutes of the last meeting were approved as written by motion
made by Mr. Jones, seconded by Mr. Clement and passed unanimously.
The eighteenth Annual Report of the Brockway Memorial Library was
presented by Mr. James Dunaway, President of the Board. Mayor Claussen
introduced Miss Grundy, Librarian, and expressed appreciation to the Board and
the Librarian, on behalf of the Council, for the efficient operation of the library.
A recommendation was received from the Library Board for the re-
appointment of Mrs. Martin Golden to the Board for the term of five years.
Mr. Jones moved that the Council approve the appointment of Mrs. Golden.
Motion was seconded by Mr. Dixon and passed unanimously.
The next item on the agenda was in regard to the Publix Market plan
to build on a portion of Shores Center Subdivision. Mr. Joe Blanton of Publix
Markets, presented a new plot plan showing a solid ornamental wall around most
of the area with landscaping and omitting any entrances or exits on 92nd St.
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Mr. Barry Swope, attorney representing Mr. Ed Wolz, presented a written
protest signed by 10 property owners out of the 41 owners within 500 ft. of this
property. He stated they are definitely opposed to the granting of the change of
zoning insofar as the north 150 ft. is concerned. Mr. Swope argued that no
verified petition was filed. The Village Manager stated that the change of use
and public hearing originated with the Planning Board. The question of the proper
facing of the building was discussed. Mr. McCall stated that the ordinance does
not cover property fronting three streets. Mr. Clement moved that the Council
authorize a permit to Publix Markets to build on the area which is zoned for
business according to the amended plot plan. Motion was seconded by Mr. Jones.
Mr. Dixon stated that as he understands our zoning ordinance the reason
for this matter coming before the Council is because the Council has the right to
approve design, location, etc. of the building. Further, he stated that he cannot
think of any place in Miami Shores and few places elsewhere where commercial
property is constructed so that the illuminated front of the building faces any
residential property. He stated he feels we have the right to pass on the location of
the building, without questioning the business judgment of Publix Markets in
selecting this location; that the business is not so essential to Miami Shores that
it need be faced this way to the detriment of property owners of the Shores. Mr.
Dixon stated he feels the interest of the Shores property owners is paramount to
the interest of Publix in locating the building as they have seen fit to locate it.
Mr. Dixon added that he didn't think our desire to get this property on the tax
rolls was sufficient reason to permit the building to be located so as to possibly
reduce property values in the surrounding area.
Mr. Lund stated that he is not convinced of the location features of the
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ordinance as to our inherent powers; that he thought we really didn't have any
control or say as to the site plan but being in doubt on this score he will have
to vote no.
Mayor Claussen stated that he had met with Mr. Blanton and the
Village Manager and spent a great deal of time searching this application and
reviewing all possibilities for facing this building without arriving at a better
arrangement. He concluded that they have a legal and constitutional right to use
this property as it is zoned for it and he cannot turn a good application down.
Upon vote the motion passed 3/2 with Mr. Dixon and Mr. Lund
di s s enting.
Next was consideration of the use of the north 150 ft. of Shores Center
No. 461 -A
Subdivision for parking. A. proposed resolution was read by the Village Manager
outlining the steps leading up to this requested use and approving the use of the
north 150 ft. of land for parking in connection with the abutting business use. Mr.
Jones stated that he did not want this to appear as a premeditated act because it
was not on the part of the Council as they had not previously seen this resolution.
Mr. Dixon stated that he didn't believe it should sound like a unanimous opinion
of the Council and it is presuming that the Council agrees with all that is cited.
Mr. Dixon then moved that all the "whereas" clauses be deleted. Motion was
seconded by Mr. Clement. After some discussion this motion was withdrawn.
Mr. Clement moved that the Council approve a resolution with the stipulation
that the property may be used for parking until such time as it is used for apart-
ment house use. Motion was seconded by Mr. Jones. Mr. Lund moved to amend
the resolution and motion to make it conditioned upon proper maintenance of the
area. Mr. Dixon seconded the amendment which was passed unanimously. The
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vote on the original motion as amended was then called and passed by a 4/1
vote with Mr. Dixon dissenting. Resolution No. 461 was adopted by this motion.
Mr. Paul Baron appeared before the Council in regard to the action
taken by the Council at the last meeting concerning his application to build on
Lot "C", Watersedge Subdivision. The history of this application was reviewed
and it was disclosed that approval of this permit was obtained by Mr. Baron
from both the Planning Board and the Council in 1964. The Village Attorney
appeared to be of the opinion that the previous approval was still in effect. After
further discussion the Village Manager reported that he would issue the permit
based on action of the previous Planning Board and Council and no objection was
expressed.
At the Planning Board meeting of May 26, 1966, approval was
recommended for the site plan of a house to be built on parts of Lots 1 and 2,
Block 84, by Dr. Sylvan Sarasohn. This plan used a re-arrangement of the usual
setbacks with a setback on the front of the house of only 16 ft. In the discussion
it was pointed out that a car parked in front of the garage would cross the sidewalk.
Mr. Dixon moved that the application for permit be approved subject to the garage
being moved 4 ft. to the south from its present location so as to afford 20 ft. in
front of the garage. Motion was seconded by Mr. Jones and passed unanimously.
The new owner of Lot 20, Block 49, Miami Shores Sub. , applied to
re-instate a previous request for permit to build on this 50 ft. lot. Mr. Dixon
stated that in the interest of consistency he would have to vote for this as he
had done on the other lot, and- moved that the permit be granted. Motion was
seconded by Mr. Jones and passed 3/2 with Mr. Clement and Mr. Lund dissenting
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for the reasons given in the action on the other 50 ft. lot in this block.
After a review of the current bills, Mr. Clement moved that they
be approved. Motion was seconded by Mr. Jones and passed unanimously.
The next item on the agenda was the awarding of contracts for club
house improvements. The Village Manager reported on having a conference
with the Snead Construction Company, low bidder, ($37, 946. 00) to work out
details of a contract and it was his recommendation that the award be given to this
company. Mr. Dixon moved that the Council authorize the City Manager to enter
into the proposed contract with the Snead Construction Company for country club
improvements as outlined in his report, also payment of the architect's fee
($1382. 50), the contract with Brooks Paving ($3200. 00), the contract with Rose
Septic Tank ($1372. 95), payment of architect's fee for supervision ($650. 00) and
establishment of a contingency fund ($2000. 00) recommended by the City Manager;
that the construction contract include a penalty clause of $50. 00 a day each day
over 130 calendar days and that the contractor provide a performance bond in
full amount of the contract. Motion was seconded by Mr. Clement and passed
unanimously.
Mr. Jones wanted to give credit to Mr. Lund for his previous work
and report on the club house improvements and commended Mr. Lund for the
time and effort he put in on this project.
The Village Manager requested authority to contract for an aerial
topographical survey of about two-thirds of the golf course for the purpose
of retaining a professional engineer to design proper drainage plans, the cost
of the survey to be approximately $600. 00. Mr. Clement moved that we have
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this topographical survey made. Motion was seconded by Mr. Lund and
passed unanimously.
Discussion was held on a proposed Metro ordinance providing for the
submission of data pertaining to planned governmental capital improvement
projects. Mr. Lund moved that we defer action on this until the next meeting
and that the matter be referred to the City Attorney for his interpretation
and recommendations. Motion was seconded by Mr. Dixon and passed
unanimously.
Unfinished Business:
(a) Community House improvements - The Village Manager reported
that he had written to Bessemer Properties outlining the deed
changes requested and had also discussed them with Mr. Webber
who was forwarding the letter and the plans for a new building on
to the proper officials of the company.
(b) Bay Lure section street drainage - It was reported that surveys
have been completed and recommendations are being prepared by
the surveyor.
The meeting adjourned at 5:25 P. M.
Village Clerk
c
Approved- , �itv
Village Manager
APPROVED:
Mayor