1949-12-10 MINUTES OF CITY COUNCIL MTGA
MINUTES O.F, 'iHE REGULAR MEETING OF THE CITY COUNCIL
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OF SOUTH MI2,1I HELD TUESDAY WUNING, DECWBER 20,
A.D. 1949 AT THE CITY HALL AT 8:00 P.M,;
Themeeting called to order by President Van Dusen with Councilmen Preble,
Corley, allo, Gresham and Van Dusen responding,to roll call. Minutes of
the regular meeting of December 6th., ware read with Mayor Acker, Attorney
Ruffs. Councilmen Andrews and Prebish joining the meetinv during the reading of
the minutes.
Corrections were called for on Page 1, 3rd. paragraph from bottom, on Page 9,
3rd. paragraph from bottom, Page 9, second paragraph from bottom and on
Page 70 3rd. paragraph from bottom Page S, +r. �ar s , >b�s,t a, �a ; rzC fiara,,rk �r•.
Subject to these corrections, the minutes were approved as read.
0010fTTNICATIONS AND PETITIONS:
John Ravlin was present regarding a petition applying to property of the
'TRD Holding Company. A letter signed by Theo R. nienger for' the Company
was read, also a letter of recommendation from the Zoning Boarde is ;�,/ %a ea.•
tr This property is abutted on three sides with subdivided property and all the
lots as platted on the attached sketch contain a, minimum of 10, 000 square feet
except those on the southern end next to areas Zoned for colored occupancye
These lots are 75' by 109' and are as large or larger than lots in other sub-
divisions to the East or West.
4 Permission for subdividing unplatted land into lots containing less than 10,000
square feet will require a special ordinance otherwise Ordinance No. '147 would,
be applicable.
'r Tt is recommended that the proposed plat be approved as the County Ungineer's
`office awaits approval of municipalities before giving their approval to pro
posed plats. This Board recommends that the proposed plat be given tentative
approval and referred to the Board for hearings to permit the construction of
residences of the square foot area as indicated on the plat of the attached
sketch. rr
A map of the property was presented for tentative approval.
:. Follctiring discussion in which the 4street pattern was questioned
Councilman prebish made the motion, with the understanding that the TRD Holding
Company wants to fully comply with the requirements, that the proposed plat of
Mr. Ravlin's or the TRD Holding Company be tentatively approved subject to sub-
mission by them of ;a formal plat.
Seconded by Councilman Greshame Motion carr=ied, all Votin g Y i a e & Oo �,
Frosidont,Van Dusan.
Mr* Jrhidorbough presonted a plan for e one -ring circus on tho Legion property
for a ono day affair, afternoon and eneniti , with tho proceuds to benefit the
American Legion. Councilmen Androm stated that we have had problems arising
from similar affairs, safety standard=s are not maintained and housing rules
ere violatod• Counci.:tssazr dresham redo the =tion that the Legion be granted a
one day porrsit, and motion Was Seconded by Councilman 1'rebith
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Uo;;ion earrlod, all voting ay oo
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Next was presented a petition by Lawyer Proby on the Groover tax bills.
Councilman Andrews said he felt our Attorney should review the charter on such
matters.
Mayor Acker believed an adjustment due on the 10 acres-platted into lots be-
cause the plat was not recorded until in 1949, therefore it should have been
assessed as acreage.
Councilman Preble said the roads put in,inereased the value of the ,property,
that there should be an adjustment, but that the taxes had been laid out on the
lots with the idea that the land would move swiftly. Mr. Proby said the roads
had increased the value. President Van Dusen said it should be discussed 'with
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the Finance Chairman and Attorney* who should investigate this-petitions and
following further discussion, he appointed Councilman PI
reble as Chairman and
asked Attorney,Ruff to serve and the Mayor to investigate the matter.
Next was presented a petition from 'Lucien C. Proby in behalf of Joe Gong, and
a letter from the Advisory Zoning Boards as 4a1to .,c.5 ;
In order to assist in relieving the difficult physical aspects of the property
under discussion, Mr. Gong has agreed to dedicate to the City of South Miami
for street use the South la feet of Lots '39 & 52 as described and set out,
and a trapezoid figure involving the western part of Lots 38 & 39 as set
forth and fully described by metes and bounds in letter attached dated"
December 1 -, 1949 and signed by Mr. Gong and Mr. Proby, his attorney.
Mr. Gong is to provide off street parking on Lot 52. It is therefore re-
commended that the property described for dedication be accepted by the City
of South Miami and that Mr. Gong be permitted to construct and operate a
general grocery store on Lots 39, the western 10' to 151 on Lot 52 and the
S. 6.511 of Lot 38 and the W. 101 15' of the S. 6.51' of Lot 51 in Blocks
6 & 8 - RLUTKLIN SUBDIVISION.;
This Board. wished to thank both Mr. Gong and Mr. Proby for the spirit of
Civic cooperation which 'they have evinced in seeking a solution to problems
presented' by the physical aspects of the property involved.
The detailed sketch and survey of the Biscayne Lngineering Company and the
letter signed by Mr. Gong and Mr. Proby and referred to are made a part of
this recommendation.
Councilmen Carballo said the 'Zoning Board has considered the request carefully
for several months and recommended that it be granted, and moved that we grant
the petition of Mr. Gong subject to the Planning Board's requirements. Motion
seconded by Councilman Andrews. Mr. Canington was called and he said that if
the set back is 10 feet from the property line, it is saving a traffic hazard
by putting back at an angle. Councilman Carballo added to the motion that an
ordinance be prepared to cover the changes requested. All voted aye in favor.
Mr. Christensen of 5336 Rod Road 'next appeared and wants to rent out rooms,
and would like temporary permission to rent out the rooms and an efficiency
Apartment, Be presented a $10 receipt asking for rezoning, but says the ;season is
on when he can make a little money. Following discussion, Councilman Prebish
moved that hr. Christensen bo granted a temporary permit to rent 5 rooms pending
tho results of the Zoning hearing on this property, the tool shed excepted. The
permit had been for a tool shed, not an apartmont. Motion seconded by
Councilman Carballo.
Motion wirridd by . poll as „folloswas Proble no Corley yes Carballo yes
Andrews yes Gresham no Probish yes Van Duson yon.
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The matter of the tool shed was taken up, but the discussion was not finished.
Sonny Holton asked permission for a tent show at 3rd. Road and No. 8th. Street
to be sponsored by the Coconut Grove Legion with the South Miami Legion boys to
get a percent. Chief McKinney was asked for his opinion and he thought the
201. to be given the Legion was too -low. Councilman Prebish said we are not a.
governing body to decide whether it is a good or bad deal but believes the pro-
blem is one purely what the Council thir_ks advisable and we should have the
Chief's opinion. 'President Van Dusan appointed Chief McKinney, Councilman
Prebish and the Mayor to make a decision in this matter on their own part,
apart from the Council's decision.
An intermission followed of 10 minutes.
Robert Lewis petitioned for a beer and wine license at 261 No, 8th. Street,
and was advised to fill out the regular blank application and present it back
to the Council at the.next meeting.
Next to be presented was: the application of Larry Levine, operating the Harlem
Inn at 723 No. 2nd. Road and a letter from the Zoning Board on the mattergas
Y The location for which a permit is sought is next door to an already established
Inn where beer is sold. It is also within 150 feet of the St Johns A.M.E.
Methodist 'Church.
'1 While not wishing to establish any monopolies, this Board looks with disfavor
on the establishment of numerous bars, inns, or taverns without regard for the
rights of schools;, churches, or other Christian Institutions or without con-
sideration of the welfare of the generalzpublio
It is the purpose and plan of this Board to assist in the development of
South Miami and such development can not take place unless a reasonable plan
to permit the orderly growth of the community is adhered to. Oneelement
section, or business should not be permitted to profit by disregarding the
rights and convictions of others.
Nearly all of the municipalities of Dade County have ordinances regulating
Beer and Wine licenses and this Board strongly recommends that licenses to
permit the sale of beer or wine not be granted except under the following
conditions:
` 1. That the area zoning classification permits such business.
2 That the establishment be at least 300 feet by any direction
or measurement from established schools and /or churches, including,
the land on which situated.
3. That it be at least 300 feet by any measurement from another
establishment selling beer and /or wine.
4. That adequate sanitary facilities `be provided which shall include
at 'least two sanitary water toilets and wash basins.
5. That no beer, wine or liquor license be granted across from an
apartment hotel or residence.
6. That each individual application for license be referred to the
Planning and Advisory 'Zoning Board for study and recommendation.,
Councilman Preble made the recommendation that the conditions set up by
�•: the zoning board be complied with and application refused. Seconded by
Councilman Corley. All voted aye in favor or the motion.
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UNFINISHED BUSINESS:
The list of names to be stricken from the registration 'list was discussed and
names proposed for the Charter Board candidates.
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N. J Beaver, Sr *, John Andrews, George Brewer, P. A. Tripp, Thurston 0. Flowers,
Harry J. Nolan, Hugh Miller, Jr., James Ho. Hunt and Julian L. Carballo had
qualified, leaving threo.more'to be named.
Councilman Andrews proposed Mr. Boyden, W.W. Brown and Leo Glasel. Councilmen
Carballo suggested Mr. Wilhelm and 'Councilman Prebish suggested John Nelson
Sterling. Councilman Andrevrs moved that we appoint Mr. Sterling as one of the
candidates for the Charter Board. Seconded by Councilman Cor b y. All voted
aye, in favor. Councilmen Preble made the motion that Councilman Prebish .
serve on the board, which was seconded by Councilman Gresham,, all voting aye
in favor. Councilman Andrews 'made the motion that W. W. Brown be designated
to serve on the Charter Boards which was seconded by Councilman Carballo,
all voting, aye in favor.
Leo Glasel made' the announcement that Thursday,December 29th., there will be 'a
special meeting at which Mr. A. B. Curry will discuss the problems at 7 00�P.M.
at the Community House.
Councilmen Prebish discussed matters on the ordinance for extending closing hours
and ordinance problems and said that according to the zoning, _a place near
Pullman's is about the only place suitable to issue a liquor license which
must be in a C -1 or C-2 zone. One license is issued for each 2500 population
and 2 for an incorporated municipality. ( ba:ycr- Acker, suggested putting-300-feet
between-bars.) Councilman Prebish went over the proposed changes, stating
provisions for toilet facilities, hour of sale, etc. Councilman Andrews said that
500 feet between was the law in the state where he came from and was satisfactory,,
and Mayor Acker stated he thought 500 feet for consumption on premises and 500 feet
to take out, was his idea. Councilman Prebish felt that if they sell any in-
toxicants on the premises, they should be 500 feet apart and 300 feet frof a
church and 500 feet from a playground or park and it is not retro- active.
('re biSA Aakwr brought up the closing hours on package goods, which was 12 o'clock on
beer places and 8t00 P.M. on package stores, which cannot be open on Sundays.
He recommended, that on beer it be made 1:00 A.M., but package stores remain the
same 8x00 PoMo , but wants it left to the Council*
Following discussion on closing hours, Councilman Prebish was told to go ahead
and study the matter.
Councilman Carballo said he would like to have a report, on Mr. Christensen's
"tool shed" by the next meeting. Councilman Andrews was told to check into .
the matter.
NW1 BUSINESS s
Councilman Andrews made the motion that bids be asked for a Council table and
sufficient chairs of At least similar appearance, with -a view of purchasing
for use of the City Council. Seconded by Councilman Prebish. Discussion followed
on using the Chamber of Commerce Table at the meetings to start at the Community
House of the Council on January 3rd. Councilman Carballo stated that the
situation at the Community House should be studied. President Van 'Dusan de-
signated Councilmen Corley and Andrews to investigate the matter. Councilman
Carballo'braaght up the matter of lights. Councilman Andrew.- wants Councilman
- Carballo and Mr, Gammage to check the lighta. Councilman Prebish will donate
8 lights if they can be hooked up.
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President Van Dusen thinks we should have an ordinance regulating the keeping
up of dogs. Attorney Ruff recommended appointing a committee to investigate
and Councilman Preble wanted the investigation to °include cats. President Van
Dusan, Attorney Ruff, Councilman Preble and Chief McKinney were appointed to
=' the dog and
cat committee with President Van Dusan as chairman of the committee.
President Van Dusan brought up parking trucks on R -1 zoned lots. Mayor Acker
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said perhaps neighborliness could be used in getting the neighbors to co- operate;
but if not, then to ;declare it a nuisance. Councilman Preble mentioned a
trailer near his house which has been used as an office, then abandoned, and
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wanted it investigated. Attorney Ruff' said that nothing could be done when
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the owner parked his trucks on his own lot.
President Van Dusan brought up garbage fees., stating that residents pay the s e
as business places, and says that other- cit -les get more for garbage pick ups n�
Councilman Corley was in favor doubling
of the garbage fee for business pla;cis.
On the ordinance for the bus franchise, Attorney Ruff said they worked till
2:00 A.M. and submitted the matter to the bus company attorney and there is
one small point of .difference. When he has drafted his ;plan, they will meet
again and bring up the proposed ordinance.
The matter of Christmas and New Years closing and bonus was brought up and
Councilman Preble said no bonus. Councilman Preble made the motion that
we close the 'municipal office the Saturday prior to Christmas, and that the
;office be closed the 24th. 25th. and 26th. Motion seconded by Councilman Corley.
All voted in favor with aye.Ii
Councilman Preble made the motion that the 'municip,al office close on December 31,
;. January l and January 2nd. for the New Years Holiday. Motion seconded by
J Councilman Corley.. All in favor, voting aye.
A communication was read, by E. L. Cotton for a change in zoning, and Councilman
Preble said it should be referred to the Zoning Board, but it is in line with
present zoning. Councilman Carballo, seconded by Councilman Andrews made the
motion it be referred to the Zoning Board. All voted aye in favor.
A letter from S. P. Turnbull, State Highway Engineer, was read regarding Urban
Area and the Federal Aid Highway Act, wanting approval of a plat. Councilman
Carballo made; the motion that we concur with the State Road Department and send
a letter. Seconded by Councilman Corley. All voted aye in favor.
Next was read a letter from J. M. Watson, Division Engineer of the State Road
Department, regarding traffic light at U.S. -ff1 and South 4th.Avenue and it was
recommended that the application forms be filled out. The motion was made by
Andrews and seconded by PswefdenbserBtabe, with all voting aye.
Councilman An ,lI
A.M.; n�nrr :rsruelfe
The meeting adjourned in regular order at 12:10 A.M.
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