1947-06-24 MINUTES OF CITY COUNCIL SPECIAL MTGA
MINU DES OF TI-E SPECIAL I:Z KING Or ThE CITY
COUNCIL OF SOT 'TH 'P(I UII IM, LD TUESDAY EVENING
- JUNE 24= A.D. 1947 AT TILE CITY HALL AT 8:00 P -M
The meeting was called to order by Pros.
"lark �fita; mayor Thompson Atty.
Ifiard and Councilmen Bryant Shafer, AtT,aood, Pressley, Maples and C ark
responding to roll call. 60uncilnan Barrow was out of the City, on his
vacation.
Notice was read for the meetii g, i ^Ihich had been called for the purpose of
conferring with the City Attorney on legal matters and any other emergency
business that may come before the meeting.
who
First to be heard was "Doc" Maurice Field Won his oven behalf and his
neighbors'' requested the re- zoning of Red Rd. south of Sunset to permit
apartments and business. Qouncilman Shafer, seconded by Councilman
Bryant, moved that the request be referred to the Advisory Zoning
Board for a hearing: I,4otion carried.
E. L. Sauls, Jr. again appeared before the Council for an answer to his
request for a re- zoning that would permit him to operate, a cocktail
lounge at his new building at 209 S. State Highway., Following a dis-
cussion, in the course of which it was agreed to amend the Ordinance
to permit this change, and Atty. Ward's dictation of the changes neces-
sary, Councilman Maples, seconded by Councilman Atwood, moved that
Ordinance 'Wit caption of which follows, be placed on first reading
in its entirety. Motion carried.
ORDINANCE NO. 161.
AN ORDINANCE AMENDING ORDL -M- NCE #153, VMICH IS AN
ORDINANCE AMMING SECTION 2 OF ORDINANCE #128, 'IHICTI
IS A "I ORDINANCE PROVIDING FOR TIC: LICENSING OF Y1AI-N
FACTURERS, DISTRIBUTORS AND VENDORS OF BEVERAGES CON-
TAMING IAORE THAN ONE PERCENT. OF ALCOHOL BY SEIGH-12
ESTABLISHING ZONES AND FIXING TIC LOCATIONS '`MMZZEIZT
SUCH .LICENSES MAY BE PERMITTED TO CONDUCT SUCH PLACE
OF BUSINESS, REGULATIIIG TIL CCIMUCT OF SUCH BUSINESS
OR BUSINESSES AND PROVIDING I✓EIJALTI"S FOR TI- VIOLATION
THEREOF'; BY AlvENDING TkL SAID. SECTION 21 CHANGING THE
ESTRICTION FROM ONE, TO T1,70 BUSINES:sES 'IITHIN THE
DESIGNATED LOCATION AND PROVIDING THAT Ti0- DISTANCES AS
SET FORTH THERZII -T SI•U►LL SE I. ASTMIM- AS A TEDE TAIAIJ
111OULD "IALY AI,ID NOT IN A STRAIGHT LIIIE; AIM 'iE1.1011I1G
TH8 1MOT :DICTION OF TH33 S.iL l (,V ALCUIi(:LIC FiIMMIRAGvS
IN SEIALi D COIJM11!ERS FC 1 CONSUL1411TION OFT" I, PMIMIMIG&
Councilman Pressleyt seconded by Councilman Bryant; then moved that
urdinance #161 be »laced on second reading by captlon only. 11.10tion carried.
Inasmuch as there was no energriucy involved, third Mid final goading of
the Ordinance was hold over Wlvll the inxt i e.;cylllav meeting on July ;1.
C. A. Brinson, superinte -ndont of the SouVa ria mi Coach. Line ctudo 'beford
Council to state that the South Liia�mmi "iwi Co. was giving, them jitneys
,,,the competition, openly s0liCi,tft 100 Affil *dd to Lathe= Ease MI author
places. At*ty. ' laI,d def ftad a *ithdy as ftMft aloft"; n MjUI V roUt?
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and maintaining a regular schedule ,whereas a taxi operates from no set
point of departure to no set destination. H. G. CumminSa of the South
Miami Taxi stated that they would be willing to show their books to the
Council to show what business they were taking from 'the bus and let the'
records speak for themselves, also, that they had instructed their
drivers not to solicit from the bus stands, but believes that a jitney
service is necessary and spoke of the possibility of expanding; such a
service to points south of South Miami into the county as a feeder service
to the South L -,:iami Coach Line. Atty. :lard stated that a jitney is a
common carrier and would require a franchise from the City, whereas a
t4xi service is a necessary supplementary transportation and a well - rounded
service requires both, a, good ' bus service and a good taxi service'2_and
that the Charter requires that the City provide for satisfactory services
of both types. It was his recommendation that the Council appoint a com-
mittee to go into the books of the Taxi Cotapany and see what they are
really making and study the needs. Mayor Thompson stated that there was
no question but that the bus line had helped make South Miami and needed
protection. The entire matter was to be carefully studied.
Atty. ? "lard discussed with the Iiayor and Council the lawsuit filed against
the City for the the of its trash , pit, stating that the main, kick'
in the bill of complaint seemed to be against the smoke;, as well as the
danger of contamination of the water in their wells He raised the
question of whether the pit could be operated without being a nuisance,
whether sanitation was adequate, and what about noise? It was suggested
that the County corm iosioner for this district be contacted, and that
Iur. Stutz, head of the County Vaste Division be asked to the next meeting,
as the County has also been using that fit, with the City's consent.
At this point the operators of the South IVIiami Taxi Co. came back into
the Gity Hall to announce that the South Miami Coach Line had bought them
out and there would be no need to go further into 'their problems.
J
The
lerk reported that County Commissioner Preston B. Bird had asked
what the City intended to do with the portion of C2,3RIDGS LAIINS that had
been dedicated by the County for park purposes. It was practically agreed
to let the dedication be revoked and the property put up, for sale, but
no definite action was taken at this time.
The question of riparian rights of QU23RTDGE ITAXIS residents in Block 2
on the canal side was brought up by Councilman Pressley the statement''
having been made by two property holders there that their deeds provided
for thin. The matter was to be chocked by Atty. 'lard, as there is no dedi-
cation of the canal on the original plat.
The question of police no hers for the Councilman was brought up and Atty.
,lard stated that undar section 10 of tho Charter it was a question of
whether or not the police Chairman could be designated and given special
p olice powers. Vollo;iing a diacusoiont 3ttty. ,Iard dictated Resolution No.
2659 'which follo a:
ESOIXTIM ado. 265.
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? IEI E AS, each member of the City Council has by Charter anl by Ordi-
pace been designated as the head of a particular department, and
`MI REA,S, in the line of duty as the head of a particular, department
it is necessary for the said particular councilman to act in an adminis-
trative capacity requiring: the power of enforcement of the rules and
ordinances of the City pertaining to the part ?` ular department and de
tails thereof, and
Vfl1EREAS, in the course of such duties it is necessary, that complaints
be filed and made,.
NGti "1� T�Ei 0RE? BE IT RESOLVED DY' Tii� 11AYUR AND CITY COUNCIL that in
the interests of the City acid for purpose of carrying out the powers
visited in the particular councilmen that each and every councilman be
and is hereby empowered with full police powers as special police officer
and there is hereby ,granted to each of said councilmen the same police
powers as if they were ordinary policemen, conditioned upon each council-
man taking oath before the Mayor as required of any police officer.
BE IT FURTI- R RESOLVED that an insignia such as a card or special badge
be furnished to each member of said cozuzcil upon his taking the oath
here required and that the duties of the said councilmen in their special
capacity shall be as councilmen visited with police powers and they shall
not be under the direct order or supervision of the Chief of ;Police.
PASSED AND ADOPTED this 24th day' of June, A.D. 1947-
Councilman Shafer, seconded by 'Councilman Maples, moved that Resolution
`4 No. 265 be adopted as read. Motion cari;ied.by poll', as ;follows; -
Bryant yes Shafer yes Atwood yes' Pressley yes Maples yes Clark yes
Under the provisions of Res. 2659 Mayor Thompson then administered the
oath of office of special police officer to all members of the Council
who wdre present. At this point Councilman Pressley was excused from the
meeting.
To seconded ateCfurther aargume s :and misunderstanding, Councilman Shafer,
y p t moved that the City refund to Fioriuo a
(also known as Frank) Russo, the $5.50 paid by him for electrical and
building permits on an application that could, not be approved. - Motion
carried by poll, as follows:
Bryant yes ,Shafer yes Atwood yes Maples yes Clark yes
There being no further business, the meeting was adjourned in .regular
order .at approximately 11 :30 P-21-
ATTEST: President, City Council.
a
ity Clerk