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1948-10-19 MINUTES OF CITY COUNCIL MTGMINUTES OF THE- REGULAR 'A0ETIIIG OF THE CITY COUNCIL "OF SOUTH IdIAII`I HELD TUESDAY EVENINGS OCTOBER 19 A. D. 1948 AT THE;, CITY HALL AT 8:00 P.M. The meeting was called to order by Pres. Barrow, with Counc-lnien Bryant,, Shafer, Pressleyl Maples and Barrow and newly appointed Councilman H. P Bennett responding to roll call. Minutes of the special, meeting of October 7 and of the adjourned meeting of 'October 11 were respectively approved as read. e At this point_H. E. Keating of Consumers !later Co joined the Council and about 7 residents were in the audience. In order to familiarize those present, Pres.'Barrow suggested that the proposed franchise be placed on its third and final reading -, and dis- cussion would be held prior to any action on its adoption. Councilman Maples) seconded by Councilman Pressley2 moved that Ordinance No. No. 1782 caption of which follows, be placed on third and final reading: in its entirety. Notion carried. ORDINANCE #178 AN ORDINANCE GRANTING TO CONSUIvWS WATER C0NPAJrZ9 ITS SUCCESSORS AND ASSIGNS9 THE RIGHT$ PRIVILEGE, OR FRANCIiISE FOR THE PERIOD OF THIRTY YEARS TO CONSTRUCT, MAINTAIN AND OPERATE A VIATER'DIS.EIBUTION SYSTEM, AND ALL NECESSARY OR ,DESIRABLE APPURTENANCES' FOR THE DISTRIBUTION OF WATER IN TIM CITY OF SOUTH MIA16I FLORIDA AND ITS SUCCESSORS AND TO CONSTRUCT OP's IA , AND MAINTAIN IN UNDER UP&� __OVER AND ACROM THE PRESENT AND FUTURE kREETS L' Avl?uS , ALLEYS HIGH WAY�St BRIDGES, EASEMENTS AND OEM PUiLIC PLACES IN THE C112Y OF SOUTH MIAMI9 FLORIDA9 AND ITS SUCCESSORS9 WATER 1AINS AND SUPPLY PIPESt TOGETHER WITH ALL THE NECESSARY OR DESIRABLE APPURTENANCES FOR TILE PURPOSE OF CONVEYING] DISTRIBU`1'ING AND SELLING WATER TO SAID CITY AND ITS SUCCESSORSt THE INHABITANTS THERPxF AND To PERSONS AND CORPORATIONS BEYOND THE LIMITS' M-REOF, FOR DOMESTIC VIAIWACTURINGs SANITARY AND On-MR PURPOSES9 RESERVING TO THE CITY TIME RIGHT TO PURCIiASE GiWiT E' S PROPERTY' AFTER THE FIFTMUITFI ANIJIVERSrARY AIJD AT AND AFTER THE EXPIRATION HEREOF9 AND ,Ib1YOS11IG PROVISIONS AND CONDITIONS .RELATING THERETO, A. L. katthews, of UNIVERSITY P= subdivision, asked to what extent this would affect the pressure of the water supply system there and also requested information on meter readings recently made there. Ww. Keating explained that the readings taken on September 30 repre- sented only the reading- of the dials as of that date and as a starting point, and also explained that the pressure is automatically regulated. P. A Tripps also of UNIVERSITY PARK subdivision, requested information on the well and storage facilities. fir. Keating staters that it is a.4 in. welly 51 to 53 ft. deep and the tank has a capacity of 5000 gal. He again stated that the ra o of pressure is between 30 and 60 lb. regard- less of the number of houses being served. There was also discussion on = the possibility of salt water inf?ltratlon in the event the capacity of the well were overtaxed and Pres. Barrow pve assurance that the City ` would not permit any extension in service that would jeopardize the existing distribution. Leo Glasel wanted to know whether the franchise covers the entire City of South Miami and what provision was made for fire protection. Mr. Keating replied that he would try to sell the City the idea of hydrants dvery 1000 ft. for proper fire protection, which all considered of major importance2 and that only first grade materials will be used throughout. It was pointed out that the arrangements for fire hydrants are incorporated in the original rate schedule submitted a year ago. In response to his request for information on street and sidewalk re- pairs in their subdivisions Mr. Tripp was told that according to FHA commitments this should have been taken care of by Babcock - Lamont Co-2 but the City is trying to get that straightened out. The parking problem on N. Red Court, brought up by Mr. Matthews2 was referred to Police Chairman Pressley for attention, with the sug- gestion that parking be restricted to the west side of the street and the apartment residents held to their own parking area at the rear of the buildings. Dan Bufano2 speaking for himself George Lord and Michael Fascellq property owners in the immediate vicinity of the Howard V. Smith place at 205 !S. 7th St., registered a complaint on the condition of that place. It was pointed out that the original permit for the building r had been issued over two years ago, that the family had moved in when only one portion had been built, and that in Nov. 1946 he had been summoned before the Council and ordered to complete the structure on the outside and install sanitary facilities within 60 days but that the house is still very incomplete and an eyesore. Pies. arrow ordered that a`letter be written Air.: Smith and sent by registered mailq advising him that he must commence work immediately and carry on continuously until completed, ref erring to the November 1946 complaint and order.' Pres.'Barrow also directed an investigation by the same committee recently appointed to check the Sam Larkins and G. W. Larkins properties, Regarding the keeping of chickens and dogs, A. L. Matthews was advised that if a health problem is involved, the complaint should be turned over to the County Health Department. At this point the resignation of Acting Mayor W. T. Clark was readq and Councilman Pressley, seconded by Councilman Bryant, moved that the Council accept the resignation. Motion carried This action, under the provisions of the Chartero made Pres. H. Hollis w Barrow acting Mayor of the City of South Miami and he turned the gavel over to Vice -Free. Bryant: Acting -t%yor Barrow then administered the oath of office to H. P. Bennett as Councilman. Business was resumed with a motion by Councilman tryant seconded by Councilman Pressley9 that the Council adopt Ordinance 478, placed on third and final reading in its entirety earlier in the meotingt as read. Motion carried by poll$ as follows: Bryant yes Bennett yes Shafer yes Pressley yes Maples ,yes' Following discussions Councilman Bennett, seconded by Councilman „ Pressley, moved that Ordinance #179, caption of which follows, be. placed on first reading in its entirety. -Motion carried. ORDINANCE NO. 179 AN ORDINANCE OF TIM CITY OF SOUTH MIANIIII FLORIDA AMENDING ORDINANCE N0. 80 ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH UlIAI:111I, FLORIDAq PROVIDING FOR A SPECIFIED DISTRICT TO BE KNOVJN AS FIRE ZONE NO. 1 PRESCRIBING RULES AND REGULATIONS FOR THE ERECTION REP' S REA�OVAL� rRLYF El Oil OF BUILDINGS IN SAID CITY; PROVIDING FSION` OF PLANS APTll MAKING APPLICATION FOR POR ERtCTING, REPAIRING OR RE- MOVING BUILDINGS AND PROVIDING A PENALTY FOR 'THE VIOLA TION OF THIS ORDINANCE2" BY PRESCRIBING ADDITIONAL RULES AND REGULATIONS IN THE`INTi SST OF THE; MALTH AND SAFETY OF TIC "CITY; MAKING IT UNLAV'JFUL FOR ANY PERSON TO rCT DI ?MLLINGS ON TATS ADJACENT TO STREETS WHO WATER SUPPLY FACILITIES HAVE BEEN OR ARE BEING CON- STRUCTED UNLESS SUCH DWELLINGS ARE CONNECTED 1,11TH SUCH FACIL IES; PROVIDING THAT NO PERI%SIT FOR THE ERECTION OF ANY lLDING SHALL BE GRANTED UNLESS 1-NANS FOR SUCK CON- " NECTIONS ARE PROVIDED; MAKING IT UNLAWFUL TO DRILL OR CONSTRUCT A WELL FOR DRINKING WATER OR SANITARY FACILITIES ON ANY SUCH LOTS; REPEALING ALL ORDINANCES INCOIISISTENT HER110ITH PROVIDING FOR THE REVIAINDER OF THIS ORDINANCE` BEING EFFECTIVE UPON ANY PART HEREOF BEING HELD INVALID OR INOPERATIVE AND PROVIDING t'JHEN THIS ORDINANCE SHALL' TAKE EFFECT. Thereupon Councilman Pressley2 seconded by Councilman Shafer2 moved that Ordinance No. 179 be placed on second reading by caption only. Motion carried. At this point Councilman Maples was excused. The following recommendations from the ,Advisory Zoning and Planning' Board were presented: September 27, 1948 "A public hearing was held on June 28, 1948 on the application of Mr. William Segal to permit C -2 use of Lots 13 and 14, Block 2 WESTER- FIELD MANOR, Sec. 1 & 2., "Decision on this matter was postponed at the request of Mr. Segal's attorney in order that the problems discussed at the hearing might be considered. "The Count} fe zoning of the Northwest corner of Bird and Bed Roads permits a more liberal business use than our C -1 and while not wishing to chat4;e our zoning to C -2 which might be undesirable and which would be a more liberal zoning than that of the Countyq the 'Board does rec- ommend that the C -1 zoning use be amended so that a modern shoe repair shop and restaurant can operate in a C -1 zone. The limitation on restaurant use should be as follows and should be strictly adhered to by the operator. �s, "Restaurants or Dining Rooms provided that the kitchen is screened or located altogether within an enclosed building or room and with ample provisions for carrying away or dissipating,fumes, odors, smoke or ,. noise, and where premises are so arranged and the business so conducted as not to be offensive or obnoxious to passersby,7 and provided they do not remain open between the hours of midnight and six (;6) A.M. nor provide entertainment of any 'kind:" ,. September 277 1948' "The application of Mrs. Gloria Daino to permit her to erect a building on Lot 10 DON BROTHERS without observing the present required 16 ft. set -back was discussed full Investigation as to future widening of South State Highway (U. S. #1) at this point was made and the State Road Department is opposed to any non - observance of set -back regulations.' "This Board the recommends that no permit be.issued for the construction of the building under discussion unless the required 16 ft. set- back is made." September 279 1948 +„ "In order to permit long range planning, it is requested that the City Council have the City Attorney prepare an ordinance for enactment similar to the attached .model act. "Such an ordinance would give the City control over lot sizes, streets and roads and would prevent the construction of houses on what will probably be a road right -of -way in the future. "This ordinance will cut down future litigations and future cost of opening or widening streets and roads." October 181, 1948 "The request of Dr. Donald E. Fortnert M.D. for a change of zoning on Lots 46 and 47 W. A. LARKINS SUBDIVISION was referred to this Board by your Council. A public hearing was scheduled for September 207 on this applications but postponed to, September 27 because of the storm. "The Advisory Zoning and Planning Board was presented with a petition bearing the names of 18 property owners in the area affected who had no objections to the erection of an .office building by Dr. Fortner on the ri lots in question. One signature was later verbally withdrawn. "The attached sketch will show in green where the owners do not object to this building. Those in red opposed: "The Advisory Zoning and Planning, Board has noted that the property owners who would be close to the proposed building have no objection. "Lots 38 and 39 adjoining Lots 46 and 47 to the 'Jest are already zoned C -1 as are those to the north of Lots 38 and 39, across South lst St. "We therefore recommend that the zoning be changed on Lots 46 and 47 W. A. LARKINS SUBDIVISION to C -1 so as to permit the erection of an office building conforming to the plans presented, at the hearing." Following discussion, in which it was pointed out that.t might be ad- visable to permit Mrs. Daino to put up her building to the line if she will give a waiver to remove the 16 feet of that building as well as the 16 feet of the building on Lot 9. at no cost to the City, County or State and at her own expense, at such time as the .street is widened Councilman Pressley2 seconded by Councilman Bennettq moved that the Council accept all recommendations as madet except that on the Daino property, on which action is to be held over until Building Chairman Shafer can take the matter up with Atty. Ward. Motion carried by poll as follows: Bryant yes Bennett yes Shafer yes2 except on the Dr. Fortner project on which he registered a. "not voting" Pressley yes A letter from the Secfetary of the South Miami Playhouse, asking per- mission to repair and repaint the movable scenery at the Community Building to portray interior scenes, at no cost to the City9 was read and approval given. Building Chairman Shafers action in authorizing the issuance of a build- ing permit at minimum fee for the American Lutheran Church on Bird Road was approved by the Council. Church Complaint cQ the dlonusand loud playing g of the chimes chimes from the Methodist Pressley agreed to check and have this corrected. P y• There being no further business, the meeting was adjourned in regular order at approximately 11:45 P.M. f jErd'sident$. Cit6rCouncil ATTE t ; lerk c