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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. -2- 6/7/66 42 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 6/7/66 43 -3- 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 6/7/6644 -4- 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 6/7/66 �5 -5- 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 6/7/66 46 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