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1950-04-18 MINUTES OF CITY COUNCIL MTGMINUTal OF THE REGULAR MEETING OF THE CITY COUNCIL Or rJE CITY OF SOUTH MIAMI HELD TUESDAY EVENING, APRIL 18, A.C. 1950 AT THE CITY HALL AT SOO P.M. The meeting was called to order by President Van Dusan with'all members of the City Council, Mayor ;Acker and Attorney Huff present. President Van Dusan asked that all limit °their ' discussion and debate to two minutes each and asked Js mes Hw McConnell, a member of the audience to serve as time] eoper. Minutes of the regular meeting of April 4th., were road. Councilman Corley referred to paragraph 4 on Page 4, "dead bolita tickets were no evidence" merely to call attention to that statement. The minutes were approved as rsad. PETITIONS AND OOIRMICATIONSr: Mayor Acker announced that a meeting had been called for tomorrow evening, April loth., at the Community Building, by the Charter Board at which the proposed amendments were to be explained and urged the importance of everyone coming to that meeting. At the request of the applicant, item (a) re': the Cambridge Lawns Canal, was to be held over until the neat regular meeting* (b) A letter from the Bab cock- Lamrnzt; ;Company enclosing deed to Lots 116 and 112 UNIVERSITY PARK, was read. i Councilmen Gresham, seconded by Councilman Andrews, moved that the Clerk be instructed to have the deed recorded and check on the delinquent taxes, Councilman Carballo recommended that the motion be amended by the addition "and if necessary be authorized to pay same" and both Councilman Gresham and Councilman Andrew agreed to this mlendment. Motion carried. (c) A letter Prom Bus Road. the location of their bench with the Citizen' Loan Company at U Councilman Gresham reported He had talked with air. Werner regarding this bench. Their occupational license is for placing benches at bus stops and this is not a bus stops but Mr. Werner is asking for pormi.ssion to retain this location. Follo*ing::disduaaion, Councilman Androda, seconded by :Councilman Corley, moved that the ;matter be reforrod to the Zoning- Boards (d) A letter from the Charter Board, 'regarding the publication of the proposed amendments, was next read, stating the RIVIERA TIMES had boon chosen for that purpose. Councilman Carballo stated he is a member of the Charter Board, they had discussed the matter, consulted local papers and took the most reasonable way out. They also are considering getting a copy of the publication sent out to the entire list of registered voters so all will know What the changes are and what to e.cpect. w. S. Boyden asked Ay the South Miami Journal was not consulted in this. Attorney fluff replied that that is not a legal tiawspapere Papa !2 Councilman Carballo,,ecotidod by Councilman Andrews, moved that the Charter Board be notified that the fu.lJs necessary for the publication of the proposed amendments will be allocated and at the time the expenditure is completed the Council will pass the proper resolution to psy for same. Motion carried* (a)> Application of Carl's Market for a deer and wino license, for consumption off premises. Following discussion, Councilman Andrews, seconded by Councilman Carballo, moved that the license as requested be issued upon payment of the regular license fee. Motion carried. (f) A petition from the Volunteer Firemen asking the replacement of Julian L• Carballo as Fire Commissioner. Councilman Prebsh, seconded by Councilman Corley, moved that the com tabled. muttcation be W H. Atwood stated they have filed no charges in the petition and hoped they could bring the charges out here before all. They would like to have a meeting as soon as possible with all members of the Council and the Volunteers and thresh this out. Leo Glasel stated it is self-evident this is a question of persecution, all designed for the same proposition, and that he believes Councilman Carballo to be the most hard,yrorking, efficient man on the Board, Councilzan Preble stated there has been a request for a special meeting by some of the citizens and the request should be granted. Mayor Acker stated the ro'ruest is not; only from the Volunteer Fireman as a fire- fighting unit but also from one of the most active service organizations in to-ym, that it would be unwise to ignore the firefighting organization of the City. Ctilan Carballo dthat Councilman Preble suggested calling a special meetingi takes j Councilman Proble in asking for the calling of a special meetifte Following further discussion, Councilman Prebish reWo.rded his motion to read as folicn%ss That the Cipumunication from the Volunteer nremon requesting the resignation of Julian L. Carballo be tabled until next Tuesday, April '25th. at 8 :00 P6m. at which said communication Motion seconded by Councilman Froble• purpose "Boring time a special meeting of the City Council %Ili be hold for the ur ose of considering Councilman Andrews stated that a Councilmen can be removed only by the Council• Attorney Ruff stated the meeting is for the purpose of considering the cotmmtnication and not for removing the Councilman. Motion oarriod, with one negative vote. ( Councilman Andrews) (g) A written request by'do U Boone for permission to present a pititione Bon T. Shuman acted as spokesman and stated they have a petition signed so tar by 30 voters. Following detailed discussion, Qouucilman 141drows, seconded by Councilman Carballo moved that that only items listed in tho minutos of this meeting by that the letter requesting the placement of a petition from C. ;w. Boone be placed on the agenda and Page - -:5 that in support of this item 11r. Ban Shuman had made the statoment that a petition had been circulated and that some 3u0 odd navies had baen obtained but that Mr. Shuman was not desirous of submitting the petition both.) Council: w. 1 Motion carried, two noeative votes.(Greshem and Preble UNFINISHED BUSINESS s Councilman Gresham, seconded by Councilman Andreitirs, moved thaj Resolution #336 be read. Motion carried. RESOLUTION NO 336 A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF SOUTH MIAMI GRANTING A TEMTORARY VARIANCE PERMIT TO W. LOYD SAULS TO OPERATE A USED CAR SALES LOT ON '`PIE FOLIDWING DESCRIBED' PRO PER TY LOT 5, $17 15 FT. OF 'LOT 4, AND LOT 8 'LESS EAST 10 FT. AND LESS BEGIN SVt CORUER , EASTERLY 64.06 FT., NORTHERLY PARALLEL TO WEST LINE 30.34 IT.,'NORTINVESTERLY ON PRODUCTION OF NORTH- EASTERLY LINE OF LOT 6 A DISTANCE OF '41.50 FT., TO DIVIDING LINE BETN+'EEN "LOTS 6 AND 8, THENCE ALONG SAID LINE SOUTH WESTERLY 50 FT. TO NORTh' =T CORNER LOT 8, TMICE SOUTHERLY 30.34 FT. TO POB, BLOCK 2 SOIDVOFF SUBD., PB 7 -11, BE IT ,RESOLVED BY THE MAYOR AND CITY' COUNCIL OF THE CITY OF 'SOUTH MIJ1MI t WHEREAS, the Advisory Zoning and Planning Board conducted a public hearing; h on a request of W. Loyd Sauls for a variance permit from C-2 use on the above lotsi to permit operation of a used car sales lot thereon, and no objections were received by the above Board, and VEIEREAS, the Advisory Zoning and Planning Board submitted a written re- co#wndat on that a temporary variance on the above said lots be granted' to W. Loyd Sauis to permit him to operate a used car sales lot thereon, such permit to be on a six- months basis with renewal privilege, subject to conditions set out in their written recommendation to the City and included hereinafter, NOW, THERLIORE, BE IT RESOLVED that the City of South Miami by and through its City Council and Mayor, do hereby adopt the recommendations of the Advisory Zoning and Planning Board of the City of South Miami, granting a temporary variance to W. Loyd Sault permitting him to operate a used car lot on the above described property, subject, however -, to the follotiing conditionss le That an attractive wire fence approximately 30" to 36" high be erected across the entire front which fence shall be set bash even with adjoining buildings, such as the theatre. 2 That any entrance in the front fence shall not e::cood twelve (12) foot in width. 3e That not over tsv signs be placed on the lot and that such signs, not be of such size or design to be detrimental, to surrounding; property. 4 That no building; be built or placed on this property while operated as a used car lot. 5e That a;surety bond of no: over X1,000400 be posted as a guarantee that the lot- will not be oporated as a nuisance, and iii at all ordinances will be compliod with. Page --4 6. That this variance is to be for a period of six (6) months frith privilege of renewal every six (6) months L•'hereafter on application of the grantee and approval of the City Council. Councilman Carballo stated he does not wish to oppose the Zoning Board but Mr. Sauls is spending money end limiting him to 6 months is not fair'. It might make it im- possible to get his return. Councilman) Gresham stated this had been worked out between Mr. Saul ' attorney and the Zoning Board, and made the motion, seconded by Councilman Prable, that Resolution #336 be adopted as read. Lotion carried, with one negative vote. ;(Carballo)' Res Ryan R/W deed. Attorney Puff pointed out that this matter was brought up at the 'resting of February 21st., 1950 and now is just a matter of authorizing the Mayor and City Clerk to execute the deed. Councilman Gresham, seconded by Councilmen Prebish, moved that the Mayor and City Clerk be authorized to execute the R%W deed to Otis Ryan (covering a 15 ft. strip in the`Sf of Sec• '26- 54 -40). Motion carried. At this point a 10 minutes recess was declared. Aith the resumption of business at 9:45 P.M. the hearing of Chief of Police, E. w McKinney, 'on charges filed April 4th., 1950 was taken up; with the reading of the charges by President van Dusan. ,For verbatim report on the hearing, a transcript of the proceedings is on file with the notes on the Minutes. F Chief McKinney was represented by counsel, Attorney 1Ylliem Pruitt. Attorney Pruitt filed a motion for the disqualification of Julian L. Carballo on the assumption that the Council is now sitting as a tribunal like a court 'of justice. (Item 1) Councilman_ Andrews$ seconded by Councilman Corley, moved that they affirm the right of Councilman Carballo to sit in on this case. Following discussion by Councilmen Andrews, Preblo and Carballo, the motion was carfi.ed, with two negative votes (Preble and Gresham). Attorne Pruitt then filed a motion for the disqualification of Councilman Probish. (Item 2 Attorney Pruitt filed a motion to dismiss the charges against Chief McKinney. (Item 3) Attorney Pruitt presented a motion for a Bill of Particulars. (Item 4) Councilman Carballo stated the bill of particulars is in the 'letter to Chief McKinney. Thereupon Attorney Pruitt filed an Answer to the 'Charges. (Item 5) Attorney Pruitt next filed a certified copy of the Transcript of the Record of Trial of Julian L. Carballo on April 10th. (Item 6) Attorney Ruff roi the Transcript of the Trial before tho City Court, does not things they can deny the acceptance of it as part of the record but can docido to dissigard the effect of it r Page - -5 ry Attorney Pruitt present a Docket Sheet from March 1, 1949 to March 31, ;1950 shoring the number of gambling cases and disposition of each one of them,, in answer to the charge that the gambling laws have not been enforced. (Item 7) *ttoraey Pruitt suggestg;that McKinney answer the charges one by one. President Van Dusan ,sworV' in Chief McKinney Councilman Problo res Councilman Carballo's remarks about the Clark leaving matters, out of the minutes, stated she is not a Court Stenographer and does not 'take verbatim reports, that that is not her duty. In connection with charge.! #6 re- J. W. Strong, Councilman Carballo tendered photo- static copies of 3 letter.: listed as It ©ms 8 as b. and c. Attorney Ruff, re: clarification requested from the floor, stated that Mr. Carballo is guilty 'until a higher Court overrules the oonvic�tion. Following Attorney Pruitt's rebuttal, and discussion, Councilman Andrews, seconded, by Councilman Corley redrafted his motion to read as follows: That this meeting be adjourned to next Tuesday and take on the matters of usual business from this point and the suspension continue on the same basis as now. Motion carried by poll, as follows, Corley yes Preble no Carballo yes Gresham no Prebish yes Andrews yes Van 'Dusan 'yes Meeting adjourned (per motion) at approximately 12:15 A.M. Aril 19, A.D. 1950: to next Tuesday, April 25, A.D. 1550 at 8:00 P.M.• 7 Prea mt,..City Council ATTESTt r7 h