1949-04-05 MINUTES OF CITY COUNCIL MTGLMWT3,j OF '11r�' 1,7]_`T ,-G OF `i'KI C ±'i'Y COUNCIL OF r211L; CITY
OF SOUTH KY, .I.I LLM) TU�SDXZ 2G..iiJIXG2 AFFIL 52 19492 AT '" L;
CITY ILUZ A° , 8 :00 .P.L,i.
The meeting was called to order by Pres. Van Dusen w1th Mayo Acicor2
all members of City Council and City Attornej Yates re pponding to roll
call.
Minutes of the special meeting of 'ITarch 22, were approved as read.
John Brons presented petition sinned by 45 resident property owners of
area, requesting revision of zon' i.ng regulations rais
in< minimum square foot —requirements—for both building sites and residences
and set -back regulations in area from Red Rd. .vest to S. 4th Ave. and from
S. 6th St. to south limits of South 1.1iami, to assure privacy and permit
the carrying out of a long- raik;e residential plan.
Upon motion of Councilman Andrews seconded by Councilman Gresham, the
4�
matter as referred 'to the Zoning Board for consideration and recom-
mendation. itiotion carried.
Councilman Andrews presented Frank D. O'Neil of the I ianii Builders' Ex-
change and Goo. R. Headly, zoning director of North Miami.
Mr. Headley, who is also chairman of the Dade County Building officials
n.
committee2 stated that the City of Yiami has made a number of requested
changes in their building code with the ,purpose of making it a unified
code to be adopted and used all. over Dade County West of Biscayne Bay.
Arrangements have been made rlith Franklin: Press to re -print the Miami
K Building Code at a tentative price of $7.54 per copy to each municipality
and resale price at $3.00. He urged the Council's consideration and ap-
proval of the code and a.definite decision as to how many copies o= the.
Code were vianted, stating -that the price was dependent on.a total order
of 19 2500 copies.
Mr. O'Neil endorsed Mr. Huadley's points and stressed the importance to `l
all of Dade County in the adoption of a unified code.
Lucien Probyt representing Fred Acker presented the final tracing of a
now plat entitled CALM- 1:IDGJ LA:o1i PA.Ui for approval and acceptance.
Inasmuch as this had already been approved by the Advisory Zoning Board
in their letter of January 29, Councilman Prebi.sh2 seconded by Councilman
Carballo, moved that resolution No. 286 be read. Lotion carried.
MSOLfi''i`I(AT NO. '286
A u0iii'1'IGi� :L-' .:i ADD A PL»Li:a! OF C iu3rtx J'.;
Lt'iAlfj P&;dti j =1Ls -JD LY'SAj.) A. iV_;IfN ACI2R �
R13 .r' 0,0 O; Y:.;.t�s AIS.J L. J. 120,1LLLlII .Ulj JOJ.; J rL.tTrl �'
L1Z'.,':i��,W�Ji 9 ICI. •,r`�..",I L2 L,'3L,,T ;..CYA2G,iG.,r }ill MR-
Acr LIi exL; L ri G <,, .3ILJ CT Y CL.:.,.,.� t.:.t Allj GIl %. :Liw op e, 4
My OP
.tI{zY,» sJ9OTIr ..,.3 1 :1'Az.'I I TL ,s".,i. 11.011 1 LI" PLnt T»:" L,
iJ rIcti w x.11, . iii .C,.M .1 wr1t l �s �."
1"
rL` aIAL,
x- y 13r V JL.s6W.isr ..,Y 1CY.a !,.►:,tuc .rL.sJ 'tt:" itiitl,t. '=Y'F,.rl.i.l CL* teli., (.1.i:11 Ut Jlrlxtl
-J.• ,ir.Ji'Y.. tat 14*0d A. A01:01' Wad :JY dlyh i1�iYii: �.�7 Iliz tare. t1jo
i
(2)
title holders, and L. D. Llewellyn and Rose Marie Lleciiellyn, his wife
are the owners and holders of a first mortga c recorded, in Yortgage
Book #1931 page 521, of the East of ;rest 2 of Northwest of
Northeast I of Section 25, To =�mship 54 South, = range 40 Bast all of
Block 24 01 CIL-3, 3f "I.r7GEO LA' &S, Fl-. Lei r,Wi `2101,1, Plat Book 30, page 13;
all of Blocks 8, 13 and 14 of C:u:bi -, ..Xs 7+3.,1i , Plat Boot: 20, page 48 and
that portion of Tract 7 of the Revised Plat of Block 7 and portion of
Princeton Blvd. of LAATS, accordinc, to Plat Book 47 page 47
of the Public Records of Dade County, Fla., and
2. :lI :ri3, the said Fred A. Acker and iivelyn Acker, his wife,
have caused to be prepared by `o C. Bliss, registered engineer, a plat
of CALJ, _tT' G_; 1",X6 P,%iK the same being, a subdivision of the afore -
said B2 of West 2 of iTul of lukl- of Section Z, Township 54 South, Range
40 East7 all of Block 24 of EL-111J5E L�.&� First Addition, -Plat Book
30, Pape 13; all or 3locks 8, 13 and 14 of LdO —JDG� 11�y;N � Plat Book
20, page 48 and that portion of Tract 7 of Revised Plat of Block 7
and portion of Princeton Blvd. of CAT,.JBRIDGI�,' Lti„idS, Plat Boole 47 page
47 of the Public Records of Dade Co., Fla., and
3. CJHMr,U, the said plat of Cr",iI AI!7GA L-1 - -Mx PA21C has been sub -
mitted, properly executed by _Fred A. Acker and Evelyn Acker, his wife
and by L. D. Llewellyn and nose Marie Llewellyn, his wife, respectively
owners and mortgage holders of said C.^.LMM)GE LAJW6 PL-UK, and
4. WI -MiO.�S, the Advisory Zoning Board f inds that said plat con
forms to all all requirements of zoning and right -of -way dedications and
A NO`,l�` TIRIE LOO u 2 By IT Hr SOLD' D BY Ti- �, AYO t NIL CITY COUNCIL OF
SOUTH 1,11m i;
That the said plat of C. 0AIBGB L.AJIfS PAIiK, be and the sane is
hereby approved ana that the Mayor and City Clerk, respectively, be
and they are hereby authorized to affix their signatures as such
officers together' vith the seal of the, City of South %'iami to said
plat.
RtiSSL�D A..il 1:i Oi'TI`D this 5th day of .April, A.D. 1949.
Councilman. Gresham, seconded by Councilman Preble, moved t hat Resolution
No. 286 be adopted as read. Lotion carried. �
R. C. Gammagej electrical inspector, reported that the Board. had con
ducted $-an examination on April 21 ,beginning; at 9 A -1.1. t and that one
applicant for master's examination, John. Gregory, had failed to appear.
He is se l t - employed, and Iµr. Gacunago asked wllethor it would be per-
missible
He s so give him a special examination and allow him to proceed with
his job
Followilag discussion, Councilman Andrevis, seconded by Councilman Corley,
moved that Mla Gregory be given anothor chance at an examination in the
near future
Following discussion, Councilman Carballo stated that a motion had been
_ made and seconded and discussed. He noa requests a vote on some., Pros. Van
Dusan called for the vote and the motion was carriod
B. 71. Kennedy appeared in his owm behalf to state that he operate a
night patrol in several, other communities and j:ould like permission
to come down to South iiiami and see if he can open up a route. There
being no objection from the Police Department, Councilman Andrews)
seconded by Councilman P ebish, moved that lib?. Kennedyf s firm be per
mit;ted� upon payment of proper licenses alms iecs to operate wi'tiin.
the City of South I,_iami. nlotion carried.
It was suggested that an ordinance be passed that all patrol agencies
be required to work under the chief of police.
A letter from Consumers. ? "dater Co. requesting permission to install a
water main in a certain t)ortion of BI2 nO I b'SLV :�!S was read. Council-
man Prebish, seconded by Councilman Carballo, moved that it be refer-
red to the Chairman of Sanitation for complete study and report at
next regular meeting. Motion carried.
Pres. Van Duren read a 'communication from the South Miami Exchange Club
recomme.ndino, that the Cityfs Charter remain as it now is and that the
Mayor be authorized to exercise the Statutes of the City Charter, at
a salary not to exceed $2400.00 per year.
Pros. Van Duren also read a communication from the South I,Iiami District
Chamber of Commerce embodying the following resolution:
"That we recommend to the City Council a consolidation of several
offices into one full time employee, as provided by the Char•te,r7 so
that authority can be had by this person without xnXxx= creating any
new office and taxes:, to have a committee, working, with Council; to
assist in expediting; this.
Councilman Andrews stated that the Ikiayor finds his authority in the
Charter nova and that the letter is superfluous.
Councilman Carballo stated that when they were running for office they
all knew they would be paid $1 per year, and with due respect to the
Exchange Club and the Chamber of Commerce he believed it would be
wrong to pass any ordinance to �aa,t�� themselves or any of them. He
agreed to the need for an administrative head but not in any of them
taking that job.
Councilman Preble stated that the need for an administrative head
would recaire an individual on act all -time basis, and that according
to the Cliarterl the I..ayor is in complete charge of all departments and
administers everything pertaining to the City. If the Mayor will
accept the position and the salary l small as it is, he would like to
paying recommend him 2400.00 per ear.
R,os. Van Duren asked if I.:ayor Acker would devote Iii.s full time at
that and 'Iayov Acker replied no he could spend only half of his time
Lor that moncy, but would be willi.ne, to put in halt time.
Counc l= Gresham. stated himsc3X as ba €nL; in accord with Councilman
Proble ana :Colt that it tvoulu be one of thu L;roates3t th njj s the Council
abu:ld 606
c
c W. S.•Bbyaen one of the citizens present in the audience stated that
a depal•trimnt head ,should not be considered lightly and su�gestcd that
a committee be appointed to study the question and come up with some,
""• thimb- concrete to be discussed at a public meeting.
Councilman Corley said he felt the public had the right to expression
on this.
Pres. Van Dusen stated that prior to receiving these letters he had
discussed this matter with A. B. Curry, former City Ik,anager of Miami
and hoped to have him come out some time to discuss it with the Council.
He said he also believes the matter should be discussed, studied and
then make the kind of decision the voters would like made.
Councilman Andre�,,,s believed the City Attorney should clarify the duties
and relationships between the mayor and the Council.
Atty. Yates replied that he had studied the Charter and looked thru to
a certain extent the ordinances in effect at this time, that Lherc ,
seemed to be considerable conflict between the powers of the Mayor
and the City Council, so that until some ordinances or Charter changes
are made the City will be in a position where there is no clear dis-
tinction between the powers of the Council and the powers of the I3ayor.
Mayor Acker asked for an exziple and Atty. Yates quoted Ordinance No. l
which v:as in effect when the Charter was passed and which adopted:. all
ordihEa-ices then in effect insomuch as they did not conflict with the
Charter and said it was a line difficult to ;determine) that in the opera
tion of the City within the past 27 years the powers seemed to have been
r with the Council rather than,vith the mayor. He also said that Section
13 of the Code provides for Committeemen and further provides the 'duties
of these Committeemen.
C\Fteports of standing corrunittcos were as follows:
FllalTczi.- Chairman Preble reported the letter had been written to Bab -
cock- Lamont Co. � regarding the decd to the ttijo lots in UNIVU tST_Y PAIT.'.2
but •
to date no response had been received. t
SANITATION:. Chairman Corley reported that according to his budget,
there is only enough motley to take care of the next three months t'
salaries in his department2 and ghat the old school bus would require
an outlay of about $300. to put °into running, condition. He also re
ported 1094 pain accounts and 115 entirely delinquent. He also re-
ported some ay of picking up acicl tional -trash was still needed and
suggested the possibility of working his men an extra hour each days
which 1:ould give additional pick -ups.
FIRE: Chairman Carballo reported his proposed Fire Prevention Ordinance
still unfinished, but Mitt have the Ordinance on blasting, compiled from
similar ones in the various eities7 that Ord. 98. vould require revision
in Ccction rcfor sinL; to Bottled Gas installations 2 dater in
193$ and sugt eotud that it r iijit. bb well if taken up at one of the next
meetings. He also reported rcccil;•t of bids for fire wells, from only
2 be the 6 V rmts lie had contacted. He presented the now form of fire
permitq and on riotirwi of Councilticin prebish, seconded by Councilman
Corley, thin fo1•r., was adoptede T. *'btion ,carried.
I
Cps,
Councilman Prebish, seconded by Councilman GieNh4i�, moved that Ordi-
nance. ;,qB4 caption of which fo_lov:,N , be placed. o n
first reading itl
its entirety. u, onion cart ied.
OttDDLUXE NO., 182,
,UT 01
ilI27.jTC- PIESCRIBII3G REGLPLATIOM FU1t `T' M, V:;Id")II\rG
4
STU.i,.a-L �tIJ Ui--;E GIB BXPI,O'IV -6 AM) P.2SCRlrING FAN -�
• :1�I..'ti, r'Oit '1'i�._; VIC:Z.- ,rl "IG.lI� 1f�;tt�:O1+
The bids for fire wells were then, opened and v,ere as follows
Modello ';ell Drillers2 homes cad? 'Fla ' 6 in. we117 using black
iron pipe. at $4 per ft. Fire connections, material and labor
costs will be additional.
G.P. I,everett Electric Pump Sales, 2750 H-W-RT. River Drives I'Siami,
Fla. 5 6 in. wells to a depth not to exceed 40 ft. at X4.50 per
ft. Additional depth at w)5.00 per ft.
Furnish 1 6 x 4it Ell cvitlz std. threads
I - 411 nipple
1 -411 cap
For the sum of /$20
on
It' was decided to find out/the kind: of pipe the %eve3bett offer was
based.
POLICE:: Chairman Prebish reported on the problem, of parking ordinances
and is preparing one based on that of the City of Lianri. On the liquor
ordinances he believed it best to consult the individual members of
the Council and then draft amendments. a-i the matter or' trailers,, he
reported that the Chief of Police is making ,a survey and hopes to have
that situation alleviated by the next mcetinE. Regarding rooming houses
without licenses 2 he stated Ile had not received any complaint. In-re-
sponse to his request for a traffic Committee;, Pros. Van Dusen appointeld
and Carballo as members. In response' and Probisln z
Police Chairman Prebish as Chairman of the Co, to tee, and Prebiilma
p
request for associate members, Pres. Van Dusen authorized the Chairman
of the committee to appoint the three associate members. Chairman
Prebish reported that in the matter of complaints lie had received only
one
Pros. Van Dasen brought up the question of «atop" signs and Chairman
Prebish said lie will take that up with him
Councilman Preble7 seconded by Councilman Carballo, moved that Earlene
Johtlson be put on the pay roll at $35.00 per week for a term riot to
exceed one month in the police department to belp with tho car in-
specti on rush. Motion carried by poll, as f'.ollovs
Preble yes Corley ye,s Carballo yes Andreus yes_ Gresham Yes
Prebish yes Van DL son yes.
Ir.ayor Acker discussed the CoLuicil +s original action in aboliahing the
office of Clork in the aanitary Departs ont and appoillt anyorb ol.so:
i, LdLj. Chairman Gresham had no report.
-U-.
BUILUIP1:Ga: Chauvnan .%ndretils subriittcc-. a; plea _` x trlc proposed ch,y es
-.` in the City Zall alit! d'�SCL1 �t;CL. tI1J pot ;si -il i t�' ol, ve � Lil1� an ele ctric
gonoratC,r _or the bui_{Ii1 fo-_r cm.ert,ency YLir, OSI OL it-L C,twL of break-
dovins. He saic he could l-ave the sketch rrit.a tht Clerk and so give
each r.,-ember of the ' Cowncil a c _ance to look it over. He sug ested that
A. .
L. Cobb, who had Y;ot °ked up this sl_e{c? to scale, be paid15.00 for
his services. The needs _or the be orator t;evo to be investiE;ated.
Councilxlah Ores }hart, seconded by Cow- ici-ll.laar Carballo, moved that A. L.
Robb be paid <a15.00 for hip plans, bill to be included with the list
of bills payable as of 2ipril 1. I"otion carried.
The follo,;rir,.; recommendations were 'received from the Advisory Zoning and
Pla .nilhg ,Board:
1. ".7e have received from the Consumers ".:a er Compalhy plot plan
and front elevation of proposed i.rrprovei:°_ent on Lots 115,116,117
"The Board is withholding action on this matter pending further
instructions from the Council. +t
In viers of the present status of this,matter,;the Council took no further
action on this matter at this time.
2. "In addition to the improperly placed signs referred to (in a
letter dater: January 29, 1949)2 Lee respectfully request that the
following be investigated and action -to elimilzatc violation be taken
_,. promptly:
1. Failure of Helms to remove road construction equipment after
completion of building.
2. Failure of Helms to remove frame construction shed after com-
pleting building.
3. Improper placing of siLn on South State FighL.ay by I:Iiller
Associates.
4. Improper placinE, of sign or Roberts ;realty Company on Sunset
Drive and North 5th rive. This siLai is actually onc- quarter of a mile
from their buildings and is not merely a directional sign.
50 Improper placing of Neon "Guest" sign ift a one - family (R -1)
zone by . illiani Christenson at Zed iioaci and 00053rd 'Terrace.
'Your attention will be ,greatly appreciated.
I%yor Acker raison the question of the right of the City to make one
party (Ralph 11blMs) move back if others (Telcphouc Co. pole') is not
made to move.
Zlectrical Inspector Gawjm c explained that the pole lines, t,Jerc3 very
vital thosc on 4th Ave, carry 66$0001 volt and those on U.S. �l carry
13,006 006 tootcland theb Company oos not want•, these transmission lines
placed
41Mdroud uskodi about the Sign. 2 ban it was Zounc there is no
ordinwice eovorin�: this.
atos. Vail sen stiL4 c::;t:e izt pi. °oPe1' orclirt -Mtoco eontrolllft,,- tULnd be
drMIn up and d0aiviated tuilding cht%irnian ti'I&a -,.7r, to got UpOrdin=d0a
_7-
regulating the placii3c; of signs.
' Councilman Carballo brought up the 'fact that the temporary shed ,next
to 7- iederts High, .!ay Ii.otor Service had to be. removed and Helms should be
made to comply also.
The Council took the following action:
Item 1. The City attorney was asked to investigate whether the parking
of .construction equipment on the Helms property is in order or not.
Building Chairman Brews advise the Building Inspn Corley, moved. that
Item 2• Councilman) Gresham seconded b Co
Aann g Inspector' to Inspect the
Helms property anahtake' the necessary steps to correct anything that
needs to be taken care of. irotion carried.
item 3. There is as yet no ordinance to take care of this.
Item 4. This is definitely a violation of Sec. X1V? sub- sere,. 1 o
Ordinance 9$, and should be removed.
Item '5. This was referred to Police Chairman Prebish for action:
Special Committees:
Councilman Carballo reported that there was 'a violation at the
bus station because. the building was not built according, to plan, which
called for 7 toilets and only 4 were put iii. The question of whether
r this is a bus stop or bus station was raised; and there was considerable
r discussion, which resulted in a motion by Councilman Gresham, seconded
by Councilman Andrews, that this matter be given to the City Attorney
for his investigation and report of what to do. I!fotion carried.
Is.ayor ticker's report on his committee meeting with Consumers Water Co.
representatives %',Jas as follows.,
That they would agree to a change to the Coral Gables rates, that
they would cease pumping; from South Didami to Coral Gables within 2 weeks
tapping charges must remain and that a municipal water system could
operate much cheaper.
Pres. Van Busen suggested that the committee get together and come with
their rec onmiandat ions, and .Councilman Corley ,-,,as to get an estimate from
Consumers ,,ater Co. of what it mould cost the City of South yjami to
buy them out.
In connection with the Building Codc2 Councilman Andrews stated it had
end the adoption of Ordinance X1$0 but
duet l intention o
othe late hour would hold ` up the final reading until the next
meeting.
-' Following discussion? Councilman Andrews, seconded by Councilman Gres-
ham, moved that the Clerk be instructed to place an order for 30 copies
of the code. Motion carried.
X81'4 BUsnl."ILO
-8-
Councilman Carballo pointed out
that a Vice President of the City
Council had lot yet been named,
anu nominated Councilman Probish.
Councilman jadreas, seconded by
Councilman Corley, moved nominations
be' Motion carried, and
Councilman yrebish declared Vice- llresi-
dent of the Council.
Fires. Van Dusen brought up the matter
of hazards of U.S. 1 from South-
itliami to Homestead and presented
Governor Fuller ' '47arren which he
a letter he had composed directly to
suggQs ,ed sendiu�, toge ther with the
two newspaper feature articles on the matter-. The Council endorsed
this with the recommendation that
corrr.tuzities along the line be oiven:
an opportunity to join in and Councilman
Lures
Calballo agreed to get ° stgna -
on petitions:
Att . _Yates
y presented a waiver he
Da.inoy
had drawn up to be signed by Mrs. '
and it was to be !submiltted
to the Zoning Board.
The following bills were submitted for approval and payment:
B1116 PAY-:BL� - - - Pi%IL 12 1949
Appraisals - EiL. Thompson
5- 00"I^rs. Greene job
- R. C Gamnage
5000: is It it
Bailey's Lumber Yard
43086Alumber supplies
Biscayne Engineering
1.50'+photostatic copy
Brewer Co.
Cauley & Martin
26 . � s
00 4 ton, redi -mix
280.14 *\insurance on 4 trucks
Colter Plumbing Co.
5.45 ,.p1bg. rep.Com. Bldg.
Dade Fire Extinguisher Jervice
12.18 "supplies
Denning I s 2 Inc.
24.8711.1 s applies
Dade Typewriter Co.
Fla. E4uipment Co.
17.50krepairs to speed -o- print
1955 disc.
Fla Power & Light Co.
.10t!asphalt
20.32 ^st. lights-March
Foster Printing Co
4.75:letter heads
R. C. Gam¢nage
Harley's Service Station
173. ')0',telec. insp.
9.�4arepairs
Highway Xotor Service gross
Iiolsum Lunch
29q.5hnl�2arch gas, oil ate.
• O*prisoners' meals
Long Office Supply
10.10kstationcry supplies.
Miami Lime & Chemical
231-75x^309 yds rock
City of 'Miami
Miami Uniform Co.
53.65` olice zadio &, call
25.75 °shirts
Be, "We Is,cI inney a
& cap
10.50',° 3 booaks � police academy
A.C. McCarey
Oolite mock Co.
6.30,"transfer service
22.50Yrock
Pan- Americ uz Uni2on;1 Co.
Petty Cash
26.00,,unifortii8 - Fire Dept,.
A. L. Robb
36438'per itemi--cd list
15.00 ,"plans &
So.IiUami Atlantic Service
survey
. 2;, 'asI repairs
Totaling
3115 -37 payable out or GME',MAL
and
�,-
_ Atty. Yates stated that he crag donating airy fats I c has had corm'\* for
viork during tilo cast molith back :b1to the City xttorney�s account.