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1950-04-25 MINUTES OF ADJURNED MTG OF CITY COUNCIL MTGr _ r MINUTES OF THE ADJOURNED MEETING OI, THE CI'T'Y. COUNCIL OF SOUTII MIAMI ]HELD TUESDAY EVENING, 1PRIL 25, A.D. 1950 AT THE CITY "IIALL AT 800' P.M. The meeting was called to order by President Van Dusan with Mayor Acker, Councilmen Prebish, Gresham, Van Dusan, Preble, Corley and Carballo, and Attorney 'Ruff responding _ to roll call• The ageeida of the regular meeting, of April 18th. was continued and the Md{inney hearing was the first matter of business. Councilman Preble, seconded by Councilman Gresham, moved that Chief E. :Y McKinney be re- instated as Chief of Police of the City of South Miami. Motion oarried by poll, as follows Corley no Preblo yes Carballo no Gresham you Prebish you Van Dusan yes At this point Attorney Pruitt, who had arrived late,, asked the disposition of tpe case and was advised of the outcome. NL71 BusralEss: Councilman Preble, seconded by Councilman Carballo, *roved that Ordinance No.' 206,, caption of which follows, be placed on first reading in its entirety. Motion carried. ORDINANCE NO. 206 AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF TBE CITY OF SOUTH 'MIMI BY ANNE MIG LOTS 18, 22 AND 23 OF BIOCK 2,; WWTERFXELDL MANOR, SECTIONS 1 AND 2, AS RE• OORDED,IN PLAT 'BOOK 18, PAGE 47 OF THE PUBLIC REODRDS OF DADE COUNTY;, IFLORI;.DA. Having bean road in its entirety, Councilman Preble, seconded by Councilman Corley moved that Ordiaance No. 206 be placed on second reading by caption only. Motion carried and Ordinanco,No. 206 read by caption only. President Van Dusan asked the Council's permis3lon to turn the meeting over to Vice- President Prebish as soon as possible but that he had two items he would like to roport and wonders if -there would be any objection to taking them up at this time. Item I was thoL recommendation of the Personnel Board,, which President Van Dusan asked Mr. Boyden to present. Mr. Boyden reported that the Personnel Board received 30 applications for building inspoctorpwhich they personally cheokod and selected 9 man for interrogation Saturday weak ago at the Cormu n ty Building. It is the recommendation or the Personnel Board that Ben C. Powell be appointed Building Inspector at $220.00 per 'mcnfh• Followbg discussions Councilman Prebish, seconded by Councilmen Gresham, moved that Ben C. Powell be appointed as Building Inspector to serve for an indefinite period at the pleasure of the Council, at a salary of $22000 par month. Motion carried by poll, as follows,, Corley yes Proble yes Carballo yes Gresham yes Prebish yes Van Dusan yes Page ­2 President Van Dusan next brought up the matter of the Crime Committee. He stated it should be an effective committee, one that accomplishes the purposes that it was set k out :for. He has talked with severixl people in criminal investigation work and on the basis of those discussions it seemed best to just report that that :committee has been appointed and consented to do the job and just let It go at that. Mayor Acker asked if the committee was authorized. The minutes were checked on that point and President Van Dusan stated the Mayor is right, it was only discussed. Mayor .Acker recommended that the recommendation be withdrawn. councilman Prable asked whether they think it necessary to establish that fact finding body at this timal Now that Chief McKinney is re- instated and given his - warnings give him a_chance to carry out his duties. Councilman Prebiah thinks that Councilman Preble made ,a good suggestion they have voted to reoinstate McKinney and it should be done without say threats, etc. and - give him an opportunity. Hold off action on that group and inform the group to lie dormant. President Van Dusan stated he agreed with Councilman Prebish and is pwrfootly willing to do as he suggests. If there are no objections he will tell these men that he has talked toithat the Council and Mayor are not in favor and feel that, the air has been cleared. REPORTS OF STANDING ODWITTEESs t SANITATION: Chairman Corley stated his only problem is the clean -up campaign for the last 2 weeks In, May and that he will need co- operation of the newspapers. Councilman Gresham agread to help with trucks all that he can. FINANCE: No report. FIRES Chairman darball'o reported the water tank on the old truck is leaking again, that examination of the truck shows another tank will be necessary. The present tank is made out of copper and has given tray at the seams. He presented the following figures for a new tanks Deboliac Truck Equipment Company $240.00 10 days to do ,job G. Me Dykes Iron oOks' $178.20 to 200.00 10 to 15 days to do job Both estimator were based on a new tank of 300 gals. capacity, which is 100 gal. more than the present tank. He stated Choy can ddvertise for bias but that there are not many concerns doing that kind of work* At this point Sanitary Chrirman Corley stated he had forgotten to report that they need another body for one of the trucks and must advertise for bids, also. Following discussion, Councilman Carballop seconded by Councilman Probie, moved that bids for the building of A 300 gale water tank on the prosoat fire 'truck and for a "flat" on the garbage truck be called for. Ct Page --3 Lotion carried by poll, as follows: Corley yes Preble yes Carballo yes Gresham °yes Prabish yes Van Dus en yes At this point President Van Dusan was excused rind Vice - President Probish took over. POLICE: As Chairmen of that Department,, Vice - President Prebish brought up the matter of sound trucks for political purposes. Henry Fuller stated they requested permission for the use of sound tracks urging p eop]o to vote, that they will provide transportation and baby sitters. On Saturday at 10:00 A.M. Senator Claude Popper will be in South Miami and they request the use of the sound truck for 30 minutes then so the sp©echas can be 'heard, and all day election day. Following discussion,, Councilman Carballo, seconded by Councilman "Corley, moved that the requa:3t for the use of the sound trucks be graini:ed. Following further discussion, motion carried.' STREETS & PARKS: Chairman Gresham reported that the pythian SisterShad received per- mission from the County to sell refrostuaents during election day. Following discussion, Councilman Greshami, seconded by Councilman Carballo, moved that the Pythian Sisters be grented.permission to sell refreshments on election day at the Community Building subject to the County's rules. Notion carried. BUILDINGS: Absent Ref the Canington suit„ Attorney Ruff stated that it had been set for May lst., but Attorney Proby had agreed to set it at a later date, depending on the availability of a date, probably in the early part of May or very ;early part of June, and that he needs instructions to proceed to draw up an answer. There was a discussion between Vice - President Prebish and dttoraey Ruff on legal points in the case, and Attorney Ruff pointed out that he needs these instructions as of now. Following iscussion Councilman Prable seconded b, Councilman Corley,moved thit g � . Y Attorney Ruff be instructed to rooeod with the filing of an answer to the charges in the W. 0. Canington suit. Motion carried. On the Christensen matter, Attorney Ruff presented u copy of the final decreo wherein Mr. Christensen is permitted to operate a rooming house but limited to advertising samo per Sec. IX sub- see.1of Ordinance 98. (Chancery :Suit 130707 -D) On the traffic matter on 14orth Red Court, requested by the TAtchs Baking Company, it was suggested that this be held over end work out with Chief McKinney. Attorney RIM advised that the state law on speeding; hould be in effect providing the City doss not have any ordinance on that* The proposed Liquor Ordinance was ne_ct to be considered, but u, short rooes3 was do• clared 'at this point. Business, was reaumod at 9835 P.14 Page - -4 Councilman Carballo,'seconded by Councilman Cor19y, moved that due to the Community Building 'being used for a voting place in the flay 2nd. primaries, that the recular meeting of the City Council be held at the City Hall on that day. Motion carried. The proposed Liquor Ordinance, designated as No. 207, caption of which follows on motion of Councilman Preble, seconded by Councilman Corlay, was placed on first reading in its entirety. Motion carried. - ORDINANCE NO. '207 AN ORDLNANCN AAMDING ORDINANCES No. 167 AND 168 AND ANY OTHER - ORDINANCES THAT MAY BE IN CONFLICT HM, 1 WITH, PRO- VIDING 1W THE LICENSING AND 0014MOL OVER T1 1E SALE OF ALL ALCOHOLIC BEVERAGES IN THE CITY OF SOUTH MIiiI. Sections, 1, 2 and 3 were tentatively approved as road• Payment of fens therefore. Section 4. There was discussion re: change of ownership and change of location and _ Section 5 It was recommended that the Red & Bird business area be opened and U.S.41. Attorney Ruff called attention that it would be only those parts zoned C-2. The question was raised whether a package store could be classed for C -1 and the cocktail lounge or bar remain C -2o Attorney Ruff suggested asking the Zoning Board to make recomaicndations on this if they meet in the near future. He stated that the City has the right to control the zoning, hours of closing and ;noise in connection with these licenses• Section 9. License Schedules Section as written to be strickon, and the following substituted therefor: All ;licenses granted under this ordinance shall be in an amount equiLl to fifty per cunt (500) of the County and State licenses tax provided under the Laws of the estate of Florida for tlio sale of alcoholic beverages as fixed by the provisions of the Florida Stntites of 1941 as amended, or as said Lags may be changed from time to time by the Acts of the Legislature of the State of Ylorida. Section 12. Substitute the follaging for the First paragraph: 1I0 boverage license for the sale of beverages containing alcohol of more than one per- cent (1%) by weiGht for consumption on or off the promises shall be issued to any person whore the place of business designated in the application thor.ofore shall be within 500 ft. from any established school or church moa7ared to the closest point to the school or church: property and is lass than 500 ft. from tho noArost public playground or park within the City or be less than 500 ft. from any other place of business alroady liconsod. for the manufactura, distribution salve of such beverage for consumption on tho orazaises, dl distances to be measured in a straight line and not as a podostrian would walk. Section 15. Amended to road "Vo intoxicating boveravo, w- coptinr boor, shall be sold or served to porsons in autordcbilea and all curb serrico of intoricatin, beverages, oxoepting boor, in horoby. prohibited." Sgotion 18 'Ii►o 10 to supply the list? It Wovi ugrood to lo4vo aj is. Can striko�; if hocdasary. JdAt n f1 HOS pace y Ittere ltonreo ShO Id be Wid demo 'Ahothor in a bar or in a Sao' :a,e zy,'$t'o�ls. So +it'di�.° trditsanao# i +Yl Page - -5 Councilman Prebl'a,sugga-�ted separating the nacky�ge goads department from the bar and requiring, closing it at a special flour, and Attorney Ruff is to check into that. At this point reading of the proposed Liquor Ordinance was stopped. The matter of City Hall improvements could not be taken up due to the absence of Councilman Andrews: On the proposed committee for the codification of the ordinances, Mayor Acker re ported it increasingly difficult to find people to serve and had no report at this tim . On, the matter of the §ae account for next month, Councilman Corley asked how about sinking the tanks at the City Hall and give the business to the Sinclair Refining Co The question of zoning was brought up and the Clerk instructed to ask the Zoning Board for a ruling on tanks For gas, at its neat meeting.' Coulloilmen Carballo stated he does not believe the City can be stopped from having; its own gas tanks on its own property. Councilman Gresham, seconded by Councilman Prebla, moved that the ;gas business for next month be given to Bryant's Corner Service S ation. Motion carried. P fQaAl nn The following bills were presented for�yment: Florida Power & Light Company $240,61 ;, St. lights Apr. 1950 i Faye Sauerland 3.20" Charter Board typist Eure'Y.a Fire Hose 108.40N booster hose City of Miami 50.00,k police radio, =Apr. 1950 A. C. McGarey 10.65 v abstract service Cawley & Martin 859 65 'A employees bond H. & W. B. Drew Company 79.77IN assassment roll. sheets Dade County Tax Collector 21.95 .County taxes, University Park Hall Paving ;Company 64.00,,N bulldozing pit 64.3 payable out of GMTERAL FUMD' Councilman Gresham, seconded by Councilman Proble, moved that the bills be paid as read. Motion carried by, poll., as follovm: Corley yes Preble yes Carballo yes Probish yes Gro'shem' yes There being no further business, the meeting was adjourned in regular order at approximately 11:10 P,14 in n Pre dent, ±City Coundl v_ ATT STs CI • CLEAR