1947-09-16 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF, SOUTH MIAMI HELD TUESDAY EVENINGS
SEPTEMBER 16, A.D. 1947 AT THE CITY HALLL AT
With an impending hurricane scheduled to strike in the morning and
hurricane warnings ordered up shortly after 8:00 P.M., there was
no meeting.
MINUTES OF THE SPECIAL LE-TING OF THE CITY
COUNCIL OF SOUTH MIAMI HELD TUESDAY EVENING
SEPTEMBER 232 A.D. 1947 AT THE CITY HALL AT
8 :00 P.M.
The meeting was called to order by Pres. Clark with Mayor
Thompson Atty. W. G. Ward and Councilmen Bryant Atwood
Shafer, 1resslcy and Clark responding to roll 'call.
Pres. Clark read the notice for the meeting which had been called
for the purpose of taking up any business that might have cone before
the regular meeting of September 169 A.D. 1947, cancelled because of
the hurricane.`
Minutes of the regular meeting of September 2 and of the special
meeting of September 8 were respectively read and approved., as re'-:td.
General order of business was suspended to take up requests of
visitors. '
Mrs. Anne Snook, representing the South Miami Riding Clubt appeared
before the Council to ask for a contribution to the Horse Showo
scheduled for November 169 in the form of an ad in the program.
Following a discussions Councilman Bryantf seconded by Councilman
Atwoode moved that the City take a full page ad on the inside front
cover for $100.00. Motion carried by polls as follows:
Bryant yes Atwood yes Shafer yes Pressley yes Clark yes
Representing the churches of South Miami. Rev. Carroll Varner of
the 'Methodist Churchs accompanied by Rev. Frank Morgan of the
Baptist Church and Rev. Bruce 'Cumming of the Presbyterian Churehl`
urged the Council to consider the addition of a fifth man to the
police force, in order that there would always be two men riding
instead of one and thereby avoid the incidents recently resulting
in the killing of two South Miami negroes, one of whom attacked the
County Road Patrolman who was transporting him to the County Jails
and the other who resisted arrest and turned on Officer R. 0:
Wiegand. Each of the ministers stressed the fact that their recom-
mendations were entirely of a constructive nature, that the churches
felt that they had a certain responsibility in these matters and that
the welfare of the City of South Miami and the entire area aid the
security and preservation of life is the predominadt thought of all.
Police Chairman Pressley arose to explain that in order to give
each man 'a day off Without making him work a 16 hour shift he had split ;Id
6
them ups but that with a 5th man and putting them on 12 hour shifts,
they could ride !2 men all the time. He also stated that. after the
shooting incidents, he had asked Geo. Wiegand2 former chief and well
versed in the local situations to ride with them to check and give -
his opinion and that he had ridden one night and predicted no further
trouble, a prediction which proved correct. Insofar as questions on
bolita were concerned,) he stated that was difficult to break up and
was•a nation -wide problem. He also went,'on record that he believed'
that Officer R.O. Idiegand was justified in his action and that he does
not feel that he should be suspended.
Jas. Dowling and J. P. Canington both expressed themselves as
approving the appointment of a 5th police officer.
Messrs. Walker and Mulholland, next were heard, with reference to
the possible development of a center lot, in their proposed plat
for the subdivision of approximately 7 acres in Sec. 26 - 54 - 40, for
a recreation area for their own use.' Atty. Ward pointed out that
the proposed street being "dead end" was really not a highway but a
court and raised the question of maintenance and County sanctions and
Messrs. 'balker and Mulholland were referred to the County Engineer's
office to see whether their proposed Plat would be accepted there.
Mr. E. L. Cotton, presented a tentative plat for the platting of the
Fuchs, property in 36 54 - 40 which met with approval as to general
lay -out but details on the alley widthq parking space and U.S. #1
RAV line were still to be discussed.
Mr. Cotton also raised the question of lowering the minimum,for one
family homes on the 40 acres west of N. 4th Ave. and N. of N. 4th
St. stating that they had the promise of FHA commitments if they can
bui d'a home for $6500 and that this 'would have to be about 700 sq*
ftl to come within that price range. No action taken at this time.
Ytr. Keating.) of the Consumers Water Co.9 together with Mr. Easton one
of the engineers and Mr. Russell Broughman of the Dade County Health
Dept. were next called on. Mr. Broughman stressed the need for
a public water supply especially in the colored areaN and stated
that Miami will soon put in a 40 ?0009000 gal.plant in the southwest
section (southwest of South Miami) which would probably pass thru or
near South 'Miami. He also stated that as soon as adequate water is
available they would eliminate at least 75% of the local supply
especially in the colored; area by condemnation.
�-,
Attye Ward stated that he had prepared the franchise for first reading,
and suggested that it then be submitted to the public. He further
stated that everything had been worked out except for the absolute
guarantee of water supply but that the plans of the Miami water division
seem to assure at least for the period of time governing the proposed
franchise an adequate supply. He also stated that the City's charter
and the general 'lays of the state provide that the City shall have
absolute power to control regulationsg ratesq etc.9 both of water and
electricityg etc* He had divided the entire matter into 4 ordinances
as follows:
1. The franchise ordinances which is about the same as previously
discussed except for the addition of:
a. Reserving to the City the right to purchase after the
15th anniversary.
bo Location of facilities shall be under the supervision of the
governing body of the City.
a He felt that the rate structure should be a separate con-
tract rather than in the franchise..
2. An ordinance providing for the levying of an OMise tax.
3, An ordinance amending the building code whereby a.building permit;
will require connection °to water service wherever mains are
available, on all new construction.
4. A suggested ordinance that would line up with the County Health
Department and give them direct authority to condemn wells. It
was Atty Wards belief that this ordinance showli- still be
added toy to provide for the City's own Health Department
to work with the County.
Councilman o ressley seconded by Councilman Bryant, moved that Ordinance
Ys
f caption lowst be placed on first reading in its
entirety. Motion carried:
ORDINANCE N0. 164
AN ORDINANCE GR9NTING TO CONSUMERS t'7ATER CUiJIPANYy ITS
SUCCESSORS AND ASSIGNS TIC RIGHT t- PRIVILEGE'OR FRAN
CHISE FOR THE PERIOD O� THIRTY YEAHS9 TO CONSTRUCT
MAINTAIN AND OPERATE A WATER DISTRIBUTION SYST&,1 IND
ALL NECESSARY OR DESIRABLE APPURTENANCES FOR THE�,DIS
TRIBUTION OF WATER IN THE CITY OF SOUTH MIAMI9 FLORIDA
AND ITS SUCCESSORS,9 AND TO CONSTRUCT OPERATE AND MAIN-
TAIN IN UNDER9 UPON OVER AND ACROSS THE PRESENT AND'
FUTURE aTRIMTS9 AVENC3ES;q ALLEYS2 HIGHVWAYS9 BRIDGES,
EASE63ENTS AND OTHER PUDLIC PLACES IN THE CITY OF SOUTH
MIAMI FLORIDA, AND ITS SUCCESSORS9 WATER MAINS AND
SUPHI PIPES, TQGETHER WITH ALL THE NECESSARY OR DE-
SIRABLE APPURTENANCES FOR TIM PURPOSE OF CONVEYING
DISTRIBUTING AND SELLING WATER TO SAID CITY AND IT9
SUCCESSORS, THE INHABITANTS THEREOF9 AND,TO PERSONS
AND CORPORATIONS D- OND THE LIMITS THEREOF, FOR DOMESTIC2 MANU
FACTURINGISAHITARY AND OTHER PURPOSES RESERVING TO THE
CITY THE' RIGHT TO PURCIL1SE GRANTEE'S MPIM-TY AFTER THE
FIFTEENTH ANNIVERSARY AND AT AND AFTER THE EXPIRATION
HEREOF9 AND IMPOSING PROVISIONS AKD CONDITIONS RELATING
THE- RETO.
Atty. Ward then read the proposed rate; schedulet which is the same;
As that now in effect in Coral Gables.
Councilman Shaferp seconded by Councilman Pressley, moved that Ordinance
#1651 caption of which followst be placed on fi -st reading in its
entirety. Motion carried*
ORDINANCE No. 165
r
AN ORDINANCE LEVYING AND IMPOSING Ali EXCISE TAX ON EVERY
;,Z)RCI14SE Or 'WATER IN THE CITY OF SOUTH MIAMI9 FLORIDA•
FORT LLEC IONTI���E F OF SUCH Il CB �I,F OF SAID ITY JG
IM BY EVE RY SELLER OF ,7ATM; PROVIDING 'FOR THE REMITTANCi•
OF SUCH COLLECTIONS TO SAID CITY AND FOR THE UTILIZATION
BY SAID CITY OF 'lTL REVENUES RESULTING TIEREFROM; PROVIDING
FOR THE ESTABLISHMENT AND MAINTENANCE, OF APPROPRIATE ACCOUNTS
AND RECORDS RELATING TO SUCH y°CISE TAX BY EVERY SUCH SELLER
DECLARINGI THE' EXPENSE INCU1_2R13D BY EVERY SUCH SELLER IN EF-
FECTIIdG THE PROVISIONS OF THIS ORDINANCE TO BE AN OPERATING
EXPENSE TO BE RECOGNIZED IN FINING RATES AND CHARGES FOR
WATER; PRESCRIBING PENALTIES FOR VIOLATIONS OF THE PROVISIONS
OF THIS ORDINANCE; PROVIDING FOH TII SEPARABILITY OF TIM
PROVISIONS `THEREOF-AND REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HERM ITH.
Councilman Atwood't seconded by Councilman Shafer, moved that Ordinance
#166 caption of which follows, be placed on first reading in its entireit
oUon carried.
.ORDINANCE No. 166
AN ORDINANCE OF THE CITY OF SOUTH MIAMI FLORIDAt AMENDING,
ORDINANCE NO. 80 ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH'
MIAMI, FLOKIDA9 PROVIDING FOR A SPECIFIED DISTRICT TO BE'
KNO[IN'AS FIRE ZONE NO. I: PRESCRIBING RULES AND REGULATIONS'
FOR THE ERECTION.9 REPAIRS REMOVAL, DIII4IOLITION OF
BUILDINGS IN SAID CITY. � OVIDING FOR THE SM,1ISSION OF
PLANS AND MAKING APPLICATION'FOR PERMIT FOR ERECTING9 REPAIRING
OR REMOVING BUILDINGS AND PROVIDING A PENALTY FOR THE VIOLA-
TION OF THIS ORDINANCE " BY PRESCRIBING ADDITIONAL, RULES AND
REGULATIONS IN THE INTL E ST OF THE HEALTH AND SAFETY OF THE
LOTS ADJACENT TO STREETS WHERE ,IATERSSU TO SECT FACILITIES ON
CITYi MAKING IT UNLA,1&UL FOR ANY PERSON FACILITIL +'S HAVE
BEEN OR ARE BEING CONSTRUCTED UNLESS SUCH DUELLINGS ARE CON
IJECTED WITH SUCH FACILITIES; PROVIDING THAT NO 'PERMIT FOR
THE ERECTION OF ANY SUCH BUILDING SHALL BE GRANTED UNLESS
MEANS FOR SUCH CONNECTIONS ARE PROVIDED; MAKING IT UNLAWFUL
TO DRILL 0R CONSTRUCT A '+JELL FOR DRINKING CIATER OR SANITARY
FACILITIES ON ANY SUCH TATS; REPEALING ALL'ORDINANCES IN-
CONSISTENT HEREWITH ; `PROVIDING FOR THE REMAINDER OF THIS
ORDINANCE BEING EFFECTIVE UPON ANY PART HEREOF BEING HELD
INVALID OR INOPERATIVE AND PROVIDING CAIN THIS 'ORDINANCE
SHALL TAKE EFFECT.
Councilman Shaferp seconded by Councilman Pressleyq then moved that a
public hearing on the water be held on Nonday, 5eptembcr 29, at the
Community Building at 8 P.M. Motion carried.
Mr. M. E. Wilson appeared before the Council to report that he is
moving his goats to anew location outside the City as fast as he cant
but needs more time. Following a discussions Councilman Pressley
seconded by Councilman Bryantq moved that his time be. extended by
30 days from the present expiration date of October 5. Motion carried.
Messrs. Squires and Diehl again appeared before the Council for an
answer on the offer to sell their plant to the City. It was brought
out that the County 'Zoning Board stated that a public hearing would
have to be hold on the City's proposed uses of the plant and Atty.
Ward stated not only that covering the present pit would have a
favorable bearing on the pending trialp but that he could not see
justification in the City's undertaking such a venture as the Squires—
Diehl plant nowt and urged the Council to work with the County Com-
mission on plans for incineration. On the strength of these findings
and recommendations it was agreed to drop the Squires -Diehl proposal.
A petition against the renewal of the beer and wine license for Hood's
Service Station was next presented and Chairman Pressley reported on
the trouble -there. Joseph (Bill) �odor2 one of the operators of the
place, stated that they want to make their living and are swilling.to
co- operate with the City and Police. Following a discussions and
general agreement that they should be given a chance to work it outs
res. Clark; appointed a committee consisting of 'Police Chairman
Pressley2 Councilman Shafer and 'Mayor Thompbon to get the matter
cleared up.
With the presentation of the final draft o= the FIELD VILLAS plat
Councilman Shafer seconded by Councilman Pressley2 moved that Resolu-
tion ##267 be read. Motion carried.
RESOLUTION N0. 267
A RESOLUTION APPROVING AND ACCEPTING A PLAT OF
FIELD VILLAS EXECUTED BY MAURICE M. FIELD OWNERS
AND DIRECTING THE MAYOR AND THE CITY CLERk OF AND
ON BEHALF OF THE CITY OF SOUTH MIAMI TO AFFTiC UPON
SAID PLAT THEIR RESPECTIVE SIGNATURES AS SUCH OFFICERS TOGETH-
ER WITH THE, CITY'S SEAL.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY'
OF SOUTH MI.Url, FLORIDA:
1. Wh reas, Maurice M. Field is the title holder of the N-J of
S of Sz of NE� of ND � Section 369 Township 54 Eastq Range 40 South
o Dade County and
2. WHBREAS2 the said Maurice NI. Field has caused to be pre-
pared by P. R. Stubbs, registered engineer, a plat of `FIELD VILLAS�'..
the acme being a subdivision of the aforesaid NJ of Sj of S1 of NI•
of N *2 Section 362 Township 54 East2 Range 40 South, .Dade .ounty2
and
3, tVHEREAS the said Maurice M. Field has submitted said -
plat of FIELD VILL,AI properly executed2 for the City's approval and
acceptances 'and
4, 11HMEAS9 the Advisory Committee finds that said plat:
conforms to all requirements of zoning and right -of -.way dedications
and recommends its acceptance
NOt19 THEREFORE2 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF SOUTH MIAMI:
That the said plat of FIELD VILLAS be and the same is hereby
approved and that the Mayor and City Clerk respectively, be and they
are hereby authorized to affix their signatures as such officers,
together with the seal of the City of South Miami to said plat.
PASSED AND ADOPTED this 23rd day of September2 A.D. 1947-
Thereupon Councilman Shaferg seconded by Councilman Pressley, moved
that Resolution-#267 be adopted as read. Motion, carried.
Following the reading of a letter from Ernest Roscoe and Don Shrager,
requesting a license for a Tourist Guide and Escort Service, and
discussion, Councilman Pressley2 seconded by Councilman Atwood2 -moved
that they be advised that a' definite location for their business must
be provided and application again made to the Council. Motion
carried.
A ,letter from Edward L, Semple, Attorney for the Babcock- Lamont Co.
asking for a change in zoning in UNIVERSITY PARK`, was referred to
the Advisory Zoning Board for a' hearing with the suggestion that
the change be made to C -1 for that one block..
A request from Hughes F. Miller for permission to erect a heavy
chain fence instead of the block wall recommended by Advisory
Zoning Board resulted in a motion by Councilman Shaferg seconded by
Councilman Pressley, that the Council hold to the Zoning Board's
-. recormnendation.gotio n;; ,',; .
carrzgd
Councilman Pressley? referring back to the business discussed ear
lier in the meetings stated that in the plan to put on a 5th man,
his department would need $2x070. Olus $100. for equipment, based
on $1509 per month for 3 months probation and $180e per month the
remaining 9',months2 and suggested taking some of the money from the
Streets & Parks Department. It was decided to wait with any trans-
fer of funds, however, and make all payments out of the police de
partmenLt budget allotment until that had been exhausted. Under the
5-man set -up it was again brought out that each man is to work 0`0 hours
per week at present rate of payl' working 12 hour shifts 5 days per week.
Following further discussion, Chairman Pressley seconded by Councilman
Atwood, moved that Joseph Stephens be hired as the 5th mane at $150.00
per month for a 3 months probationery periods as of September 24
Motion carried by poll, as follows:
Bryant ,yes Atwood yes Shafer yes Pressley yes Clark yes
The following bills were submitted for approval and payment::
Hardware Mutual Casualty Co. 71.24 C additional VIC premium
A. City of 'Miami • c y 3.90 abstract service
Ci1.i 50 00 aolicerado - Sept.;.
Guilford Poultry Co. 50 .00 chickens for playground supper
Totaling 175.14 payable out of 'GMERAL FUND
be paid as Pressley, sec carried Co Councilman Bryant, moved that the bills
follows:
Bryant yes Atwood yes Shafer yes Pressley yes Clark yes'
The Fla.Power & Light Co. bill for September street lights was held up
inasmuch as an adjustment will have to be made for the period from Sepl.16
the last night they were on - to whatever date service can again be resumed;
There being no further business, the ,meeting was adjourned in regular
order at approximately 12 :45 A.M.
.ATTEST:.. s aerie, iffy outncil
City Clerk