HomeMy Public PortalAbout1958-11-15 Meeting21
November 15, 1958
The Council of bal };arbour V:illay met al 9:30 a.m.,
November 15, 1956, at the 'Ji'la.;e hall.
Those pi event were Messrs. _town,
and }fart.
Absent: Mr. ''Patty
eman, raulkner,
Also present were fS. H. Webb, Village Manager, '{ary T.
Wetterer, Village Clerk, and Thomas Anderson, Attorney for
the Village.
The minutes cf the regular meeting of October le, 195E,
were accepted as submitted on motirn of Mr. Hart, seconued by
Mr. Faulkner, and unanimously voted.
Mr. Webb suggested to the Mayor that the agenda be dis-
regarded :inasmuch as Mr. -alter Schott, one of the owners of
the Kenilworth properties, and his attorney, Mr. Robert Peterson,
had requested permission to come before the Couneil, and our
agenda would cause them to remain several hours. Mayor brown
agreed to this and asked that Mr. Webb explain the purpose of
their appearance. It was explained to the ::ouncil that on
July 23, 1953, an a'lreement was reached between the owning
corporations of the Kenilworth Hotel and the development ccr-
peraticn, namely, Miami 3each Heights, Inc., and Sal Harbuur
Village, said agreement, establishing a way by which cabanas
could be constructed on Lot. 15, Ocean Front Section of Hay
Harbor, prior to the construction of a hotel cr apartment
house. This was accomplished by treating both Lots 14 and 15
as a unit of land inasmuch as the ownership on said two parcels
was the same.
That portion of the agreement which should be considered
today was read by `!r. ':;ebb, as follows:
"The First Parties agree and covenant that said
Lots Fourteen (14) and Fifteen (15) are now, and will
henceforth continue to be, owned (both in fee and lease-
hold) and operated as one unit.; provided, however, that
if at any time there shall ever be a separation of
ownership and/or operation, either in fee, or leasehold,
or management between said Lots Fourteen (14) and
Fifteen (15) or any part of either of them, then in
such event all deed restrictions and all zoning ordi-
nances and regulations applicable to each of said lots
as a separate unit shall thereupon immediately become
binding and valid restrictions applicable to each of
said lots as a separate unit shall thereupon immediately
November 15, 195€3
22
become binding and valid restrictions and regu—
lations as to each lot and the First Parties
further agree, that within ninety days from the
date of any such separation of ownership and/or
operation said First Parties shall at their ex—
pense, remove any and all buildings, improvement
and facilities, or such portion thereof, from
both Lot Fourteen (14) and Lot Fifteen (]5) that
shall not conform with and to all deed restrictions
and zoning ordinances and regulations of each in—
dividual lot; and if the First Parties shall fail
to remove any and all of such violations within
said ninety days, the Second Party and/or the
Third Party is hereby specifically authorized
and directed to remove all such violations and
the First Parties agree to pay for all costs and
expenses, including attorney's fees, reasonably
incurred in connection therewith."
"r. Webb added that the encroachment was built, and the essence
of this agreement was that if at any time these two properties
were separated under two ownerships, then all deed restrictions
and zoning ordinances would immediately become binding.
Mr. Peterson and iar. Schott explained to the Council
that a cooperative corporation has been fc:rmed and the apart—
ments in the Kenilworth House will, on Docember 1st., be owned
by the respective purchasers of the various apartments, and a
new corporation set up which will •uquire the division of Lots 14
and 15 for tax purposes. Mr. Peterson stated that inasmuch as
the original agreement referred to the leasehold which under
this new dividion of the two lots is not affected, namely, the
Kirkeby interests still have eleven years to go on their lease
and will continue -anagemen,t of both properties, he felt that
the Council might be willing to permit said encroachment to
exist during the life of the lease because of the extreme
hardship that would be Occasioned if the new owning corporation
had to tear down the cabanas and the physical separation between
the two buildings at this time. The Council asked Mr. Andersen
his opinion, whereupon he reported that in his opinion the agree—
ment, as it was originally drawn, governs; however, he further
stated that he did nut feel that it necessarily meant that the
Council cannot amend the contract or agreement to take care of
this request. Mr. Hart was of the npinion that to allow such
an encroachment to exist would constitute a variance of our
zoning regulations, which we hay2 never allowed since the
inception. of Sal Harbour, and to allow same to continue to
exist wculd set up a precedent and he was definitely against
it. .hereupon, Mr. Drown felt that tar. Peterson, Attorney
for the Kenilworth House interests, should r,:esent at our
next council meeting an amendment to this original agreement.
Movemher 15, 195S
23
which would incorporate some type of a performance bond which would
guarantee to future Councils that when and if this management agree—
ment terminated, the bonding company would see to it that the
encroachments were eliminated. After some further discussion the
Council instructed Mr. Peterson to prepare such an amenument for
consideration at the next Council meeting to be held on December 13.
The Council then proceeded to that portion of the Agenda
which covered Mr. Stanley Whitman's renuest to be heard.
Mr. Stanley Whitman, representin4 the Bel Harbour Shops,
Inc., they, appealed to the Council to give him further time to
decide on the disposition to he made of the frame building just
east of the Village Ha11. At the Council Meeting of September 20,
1956, it was decided that unless the owners of this building
(Flal Harbour 3hcps, Inc.) took out a building permit for the
construction of their proposed shopping center, by December 1,
1958, they wculd he compelled to tear down this building. Mr.
Whitman stated that he was not in position at this time to take
out a building permit due to the fact that it was taking considerable
time to net the high caliber of tenants for the proposed shopping
center. Since Mr. Whitman seemed at a loss to know just what he
intended to do with this building, several suggestions were offered
by members of the Council; one, which was offered by Mr. 3roeman
was that they give it to Jim Dooley for a fishinc camp. Mr.
:;hitman suggested that perhaps they could get the building painted
and fixed up and that the west end of the building probably
should be tern down which would then leave a vary smell portion —
ahout 2b feet wide — nn the 96th S treet side. Mr. laebb suggested
that the east perch and the wing formerly used as a garage be
torn down, and some shrubbery planted around it, and that a coat
of paint be added. Mr. Drown said that we have had so much
criticism of this building and that he felt that the contractors
who built the shopping center woulu he willing to put up their
own construction shacks. Mr. ''Webb estimated a cost of several
thousand dollars to tear Hewn this building and dispose of same.
Mr. Whitman asked for more time to explore some other natters
with regard to this building and it was finally agreed that
he should be given until the next Council meeting, at which
time something would definitely have to he decided, and in
the meantime Mr. ",eh„ said he wculd find nut what th- cost would
he tc dismantle the building.
Bids for curb, gutter and paving of the 96th Street area were
then discussed. The Village Manager told the Council that he
had requested bids frn;n several contractors and that two of them
had responded. The low bid for the eidewalk was 584 per foot;
the curb and gutter, $::.50 per Lineal foot; end :3.60 per square
yard for the street that has tc be patched. The estimated cast
for the entire ,yob is around $3,500. Mr. Thrown recommended that the
City Manager authorize the low bidder to proceed with this work.
Mr. Webb told the Council that for the first time in many years we
November 15, 1958
24
have an amount of money unexpended in this last year's budget
which will '•e placed in cur Surplus rr .;nntingent Fund, and he
—wild like to expend it In the year in which it was collected.
rr. Hart motioned that the City L'.anger expend a portion
of the unexpended funds and accept the 1uw unit bid fnr the con—
struction of streets, sidewalks and curb. t'ction was seconded
hy Mr. Broeman, and unanimously carried.
U—Drive—It Applications were then discussed. Mr. lebL
told the .:ouncil that he explained last month that there were
a couple of firms that had not at that time requested their
permits — The beach Auto Rentals for the Sea View, and Morse
fcr the Ivanhoe, both renuestina nermits for five cars which
can he parked at those hotels Mr. Faulkner moved that these
permits he granted. This mot.i; n was sec nded ^y droeman,
and unanimously carried.
The next order of husine>:; was the liquor license
appiicatirn for the Singapore Hotel. The Midge Manager
told the Council that thin application had been processed
and the owners had been fingerprinted, etc., whereupon a
motion was made by 'lr. :'roeman that we accept the application
of the Singapore Hotel. Motion Itts sa.drrnded hy Mr. Faulkner
and unanimously carried.
The audit for th.. fiscal ear ending_ ieptemher 3D, .195::
was then hrou:ht befett• the Souncil. r'r, tech,, stated that the
current fund balance sheet shows our surplus at $'5,OOC.00.
Mr. Hart. motioned that the audit for the fiscal year 1955 be
accepter and that it ue published and mailed to the taxpayers.
This motion was seconded hy?.. Faulkner, and unanimously
carried.
The next order of husiness wa the •,iscussinn of nacsa:ge
of a taxi ordinance fez the Village of _ell Harbour. The Village
"analer stated that for several yeais v:e have wanted :. taxi
ordinance whereby we could actually .c in and check the taxis,
`heir meters, licenses, etc., and that Metro has adopted such an
ordinance, and that he wanted to ask Mr. Anderson if we ar'op' an
ordinance th-t is like Metro's, t. <.h„u1Jn't have any trouble
with , Mr. Andersen. ..e.'i lie dueti ,nerl whrither or not. we needed
such an eiabarat, orciinanr,•.- and Mr. .:ei;:, said that Chief ''wens
ur i'.zi harbour "h'_f of Police) thought wo should have sc..te—
'.ni;ty emmn.rrah1e to the .:each or iinante. Mr. '; rnwn suggested that
Mr. Andersrr, look over the proposed ordinance and that it ag%nin
he discussed at the next meeting cf the dtun-i..
-iscussinn of passage of ad ordinance establishing disposal
areas for yard Ciippinun w:s the .a ...t Ird..i of husiness. �•ir.
5e'hb said that it is nr?c:.aserr for thin ;Wage of ,gal harbour
tc have score urdinnnc. tar, '.e`ulate whnr_ necnle ran dump their
clippings. He told the Council that If tut •.our. ..n' _ six spots
that are sot on private r.irneriy and .nil' little hedged areas
and pass an ordinance where all hqmc :'carers and their gardeners
ceolu hnul their yard clippings to these places then we could
:cvember 15, 195c
25
eliminate all the unsightly trash piles ever the Village. He
told the Council that he had six spots so located that each one
of them would not be mere than two blocks from anyone's house.
He suggested that a hedge .,e built around each one, anu Mr.
.3rown suggested that a cement base be put in edch one of them.
Mr. 3roeman motioned that Mr. Anderson draw up an oruinance
establishing these disposal areas for yard clippings. Motion
was seconded by Mr. Hart, and unanimously carried.
Mr. 'frown recommended that we have some kind of "keys to
the city" to be used wren welcoming crnventions, etc., and
that we hat one big key and possibly one hunured smaller ones
made up for this purpose. Mr. 3roeman mot:oiled that the
dayor and the Village !tanager work nut a plan for keys for
the city. This motion was secrnded by Mr. hart and unanimously
carrieu.
There beinj no further business, the meeting was adjourned.
ATTEJT:
Village Clerk
November 15. 1953
December 13, 1958
to
r
The Council of Ba1 Harbour Village met at 9s30 o'clock
December 13, 1958.
There were presents Messrs. Beatty, Broeman, Brown, and
Faulkner.
Absents Mr. Hart
Also present were Mr. W. H. Webb, Village Manager; Mary
Wetterer, Village Clerk; and Thos. H. Anderson, Village Attorney.
The minutes of the meeting of November 15, 1958 were
accepted on motion of Mr. Brceman and seconded by Mr. Faulkner.
Mr. Broeman suggested that the Council hear the indivi—
duals present representing various concerns rather than follow—
ing the Agenda.