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1950-05-16 MINUTES OF CITY COUNCIL MTGMINUTES OF THE RWULAR MEETING OF THE CITY COUNCIL OF SOUTH MIAMI HELD TUESDAY EVENIM, MAY 16, A.D. 1950 AT THE COMP=TY BUIID ING AT 8 :06 P.M The meeting was called to order by Vice.- President Prebish, with Councilmen Corley, Prable, Gresham, Andrews and Prebish, and Mayor Acker and Attorney Ruff present. Minutes of the regular meeting of May 2nd. were approved as read. Petitions and commmmiostions were as follows': �✓' 10 In response to legal notice calling for same, 3 bids were received on the water tank for the fire truck, as follows : Bidder 300 gal. tank. 500',grai. tank. 1. G. M• Dykes Iron 'Works, Ino. 125.00 200000 2. Cecil & Bruce Body Shop 225.00 not 300.00 net 3. DeBoliac Truck Equipment Company 2b0.00 350.00 Following discussion on specifications, etc., ;Councilman Gresham, seconded by Councilman Andrews, moved that if the Dykes bid includes baffle plates and metal according to specifications, that they be given the bid for the 500 gal. tank. + Following further discussion, motion carried by poll, as followar Corley yes Proble yes Gresham yes Andrews yes Prebish yes 2o In response to legal notice calling for soma, 3'bids were received on the "flat" for the Sanitary Department truok, as follows: Bidder Amount le DsBolao Truck Equipment Company 398.00 29 Cecil & Bruce Body Shop 555000 net 30 Go M• Dykes Iron Wwks, Inoe 610000 There was discussion on competitive bids and Attorney Ruff advised that uniform specifications should be written out and sent to the bidders. '.'bilowing further discussion, Councilmen Andrews, seconded by Councilman Corley, moved that the bids be filed and a specified list of requirements prepared by Councilman Corley end Be He Rogers to be sent the three bidders and asking them to submit new sealed bidse Motion carried* 3. Pursuant to legal notice for the confirmation or preliminary assessment roll for H -17, members of the audience were askod for approval or objection. Basil Saunders, of 604 North Red Court, stated he Felt it was a fault on the part of the City that the contractor of the development was not made to repair the streets• Councilman Andress staffed that the HIA'is the one that normally requests a bond in a now derelopmat eh oh in not released until those streets dire satisfactorily completed and Mimi now requires the posting of bond by the 'builder rot the streets, sidewalks, and removal of debris, *to -2- At this point (8 :50 P M.) president Van Dusen joined the meeting and took over the Chair. P. A. Tripp spoke regardinj the streets. Councilman Andrews stated that some time ago both the Council and residents agreed to improve these districts and the home owners would pay for them; and the City would then be responsible for keeping them up. Following further discussion, Attorney Ruff stated that the individual has no recourse now, after the hearing setting up the improvement district was held and the improvement authorized. Councilman Prebish, seconded by Councilman Corley, moved that Resolution #337 be read. Motion carried. RESOLUTION NO. 337 A RESOLUTION OONFZRMING ;TSE PRELIMINARY ASSESSMENT ROLLS FOR HIGHWAY IMPROVFIIINT H -17 VEEREAS, th6 Council of the City of South Miami, Florida, met on May 16, A.D. 1950 pursuant to legal notice of said meeting under -Section-#54 of the City Charter to hear all written objections to the confirmation of the Preliminary Assessment Rolls for the cost of work in highway district H -17 and VMEREAS, no objection thereto was made by ary person interested in or affected by said rolls and the said assessment rolls appearing in all respects regular and in accordance with the requirements and provisions of the City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY` OF SOUTH MIAMIs 1. That the prima facie assessment as apportioned and indicated on said Preliminary Assessment Rolls be and it is hereby in all things confirmed and sustained against any and all lots or :parcels of the ground described therein. 2. That the sums or amounts assessed against each of the lots or parcels of 'ground in said Preliminary Assessment Rolls are less than'the amount that each of said lots or parcels of ground is especially benefitted by said improvement and that such amounts are in proportion to the special benefits that the property received and according to,frontage, and not in excess of the special benefits to the property assessed.. 3. That the total costs of said improvements in the sum of $3,690.30 for H -17 be, and the same are 'hereby approved and confirmed. 4. That thirty days artier the above confirmation of assessments, the amount apportioned and assessed against each lot or parcel of ground shall be due and payable at the office of the Mayor at the City Hall, but that if the owner of any lot or parcel shall file with the Mayor before such date on which full payment is required, his or her smitten undertaking waiving all irregularity and illeiality in connection with the said assessment against such lot or parcel, he or she shall have the privilege of paying the same in equal annual installments in each of five succeeding years, with interest upon such deferred installments at the rate of six percent (6,10) per annum, payable annually from the data on which such assessment would be due if such under- Wft i were not filed. Councilman Gresham, seconded by Councilmen Preble, shoved that Resolution No. 337 be adopted as read. Lotion carried. 1z+ -3- 4e A request by William H. Keen, Jr. and Dorothy Keen, to bring Tract _3' -B, less N. 10 ft of E. 50 ft. ALTA TERRA Revised Plat, PB 35 -26, back into the City. " Following discussion, Councilman Prebish, seconded by Councilman Corley, moved that Ordinance No. 208, caption of which follows, be. placed on first reading in its 'entirety. ORDINANCE N0. 208 AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF SOUTH MIAMI TO AN11EX TRACT 3-B, LESS E. 50 FT. OF NO. 10 FT.; ALTA TERRA, REVISED FLAT,'PB 35 PAGE 26, PUBLIC RECORDS OF DADS, COUNTY;, FLORIDA. Having been read, Councilman Andrews, seconded by Councilman Gresham, moved that Ordinance No. 208 be 'placed: on second reading by caption only. Motion carried, and caption of Ordinance No. 208 read. In order to expedite the matter and in view of no opposition, Councilman Andrews,, seconded, by Councilman Preble, moved that Ordinance No. 208 be declared an emergency Ordinance. Motion carried* Councilman Gresham, seconded by Councilman Preble, moved that Ordinance No. 208 be placed on third and final reading in its entirety, as an emergency ordinance. Motion carried, and Ordinance No. 208 read in its entirety, as an emergency ordinance. Councilman Andrews, seconded by Councilman Gresham, moved that Ordinance No. .208 be adopted as read. Motion carried, as follows+ ') Corley yes Preble yes Probish yes Gresham yes Andrews yes Van Dusen yes 5 Request of Webster Outdoor Adv Company to be placed on Ager0a. Jack k. Caesar, of their Sales Department, in support of their request for permission to put up a sign_ for the Pullman Furniture Company on property not belonging 'to that concern, presented a written opinion on South Miami's sign ordinance by henry H. Taylor, Jr, Attorney. Councilman Gresham, seconded by Councilman Andrews, moved that the matter be turned over to the Zoning Board. Following discussion, Motion carried. 60 Request from the Greater Miami Finance Committee for the Am. Planning and Civic Association Conference to be held April 1951 in Miami,, for 050.00 `as South Miami's share of the expenses Councilman Andrews, seconded by Councilman Corley, moved that the request be turned over to IbWr Acker for consideration in preparation of the budgot, Notion carried* 7. Petitions of residents along North 2nd. Avenue in the 600 -700 block to suspend the operation of the oath Miami Coach Line thereon, and suggesting the loop via No. 8the St., Red Road and No.l&th. Street, instead. Following discussion, President Van Dusan agreed a committee should he appointed and named Councilman Groohem to check with Mrs. Lose -g 8. Recommendations of the Zoning Board, as follows: a. "William H. Kelly request for variance to permit addition of car porte to ., residence on Lot 18 Block 1 YESTERFZELD M1 OR, meeting minimum side set back re- quirement on west side but slightly less than req uired minimum on east side. Board's recommendation is that variance be granted with understanding proposed car ports will not be enclosed on either 'front or side." Councilmau.Prebish, seconded by Councilman Gresham, moved that the recommendationbbe accepted. Motion carried. b. "2. Request of Frank Russo for hearing for change to Commercial Zoning on his property in Block l of ROSSYYOOD. Board's recommendation that request be rejected because it is "spot - zoning" in an area exclusively residential in character and no trend to a change warranted at this time." Councilman Gresham, seconded, ;by Councilman Andrews, moved that recommendation be accepted. Motion oarried. c. "3. Request of J. B. Slocum for hearing for change.of zoning from C -1 to C-2 on Lots 17 & 18 W.A.H. 'HOBBS% Board's recommendation that request be rejected because it is "s of -zonin " and conditions .at resent do not warrant a further down - grade P g p of zoning which was only recently established. It is further felt that Sunset Drive should be held to a C -1." Councilman Gresham, seconded by Councilman Andrews, moved that the recommendation be accepted.: Motion carried. d. "4. Request of R. E. Schulte, representing Harold J. Bilton, owner, for permission, to divide Lots 1 & 2 Block 3 MC KEEVER TERRACE, into 2 parcels facing on S. W. 62nd. Court instead of S. W. 42nd. Street as platted. Board's recommendation that the request be denied because it Would establish a precedent that could make the next adjoining lot and 7 other lots in the 'subdivision butt -lots from 2 sides to 4 parcels." Following discussion, Councilman Preble, seconded by Councilmen. Gresham, moved that the recommendation be accepted. Motion carried, Councilman Andrews not voting because of possible personal interest. e. "b Mildred Zipse, for permission to teach dancing at her residence, 234 South 8th. Street, to children. Her petition carried the signatures of approval of all residents within 200 feet of her home. Boardto recommendation that a temporary permit be granted subject to revocation on written complaint." Councilman Gresham, seconded by Councilman Prebish, moved that the recommendation be accepted. Motion carried. f. "6. Gas pump for City at City Hall. it is recommended that the City follow its zoning to the letter to avoid any possible criticism from the public." Attorney Ruff stated the present use of the property is a zoning violation, and that the Board gave the matter serious 'consideration. Councilman Andrews moved that the recommendation be accepted. Motion lost for want of a second. Councilman Andrews, asked to be excused, and 'left the moetiag Councilmen Gresham, seconders by Councilmen Preble moved that they accept the recommendation, I n u President 'Van Dusan stated they are running into trouble in this present situation. The answer would be a location vrhere they could have a gas pump, park the heavy equipment and improve the appearance of the City Hall and live up to the restrictions. They need to work this problem out, and he asked Mayor Acker to look into this. Mayor Acker stated this would take time and he would have a report in 5 or 7 weeks from now. Motion carried, with am negative VOte4 one- off-' 4e52 by �lvnn- lvytay�' (ay(ec�, g. "7. Greene plat of "LA HAMACA" a subdivision lying in the SE,, of S*4, Sec. 24754 -40. It is the Board's recommendation that the plat be approved and accepted with plat restriction limiting development to one single - family residence of not less than 1000 sq. ft exclusive of car p'orte, or attached garage, or porch, per each platted lot or tract, and streets,to be named on County numbering system." Councilman Preble, seconded by Councilman Gresham, moved that the recommendation be accepted. Motion carried. Councilman. Gresham, seconded by Councilman Preble, moved that Resolution No. 338 be read. Motion carried. RESOLUTION NO 338` A RESOLUTION APPROVING AND ACCEPTING A PLAT OF LA HAM ACA EXECUTED BY L. MYRTLE GREENE, $9 Me GREINE, CHARLES H GATES, AND REBECCA B. GAM, OWTERS, AND DIRECTING THE MAYOR AND THE CITY CLERK OF AND ON BEHALF OF THE CITY OF SOUTH MIAMI TO AFFIX UPON SAID PLAT THEIR RESPECTIVE_ SIGNATURES AS SUCH OFFICERS TOGETHER WITH THE CITY'S SEAL. BE IT RESOLVED BY THE MAYOR AND THE 'CITY COUNCIL OF THE CITY' OF SOUTH MIAMI, FLORIDA: 1. WHEREAS, L. Myrtle Greenea M. Greene, Charles He ;Gates and Rebecca Be Gates, are the title holders of the E5? of ti 2 of SE4 of SW,- and V12- of SE4 of SE, of SWI and SW, of NR.- of SE4 of 514, Section °24, Township 54-S., Range 40 -E., and 2. 71HEREAS` the said L. Myrtle Greene, So M. Greene, Charles He Gates and Rebecca Be Gates have caused to be prepared by 1. Be Garris, registered engineer, a plat of LA HAMACA, the same being a subdivision of the aforesaid Ez of Wii of SE4 of SW and 71.1- of SE-4 of SE4 of S* and_Sl of NE4 of SE4 of SIT", Section 24 Township 54 -S., Range 40 -E., and 3. MHEREAS, the said plat of LA HAMACA has been submitted, properly executed by L Myrtle Greene, S. Me Greene, Charles He Gates, and Rebecca Be Gates, owners of said LA HAMACA, and 4 VAEREAS, the Advisory Zoning Board finds that said plat conforms to all requirements of zoning and right-of-way dedications and recommends its acceptance, NOW, THEREFORE, BE IT RESOLVED' BY ME' MAYOR AND CITY COUNCIL OF SOUTH; MIAMI= That the said plat of LA RAVACA be, and the same is hereby approved and that the Mayor and City Clerk, respectively, be and they are hereby authorized to affix their signatures as such officers, togothar with the coal of the Uity of South Miami to said plat. Counoiban drsahsmj, seconded' by Councilman Prable s moved that Resolution No. 339 be adopted as read. 1dA16n oarriede pp1, `µ1 l 8. With no one present to present the Gazlay horse matter, ('objections thereto) the Clerk was instructed to let the matLor ride for the time being and refer it again to the Council, should it come up. Unfinished business: Councilman Gresham, seconded by Councilmen Preble, moved that a special meeting to consider the proposed Liquor Ordinance only, (Ord. #207) be called for May 30th. Motion carried. Res thy, Saunders right-OZ-way (So. 2nd. Avenue from So. 6th. St. to So. 8th. St., in H -16) Councilman Gresham reported that Mr. Saunders will give the R/W in exchange for the paving of the street without a lion against the property. This amounts to a strip 25 ft. wide by approximately 660 ft. long* Councilman Preble, seconded by Councilman Corley, moved that the City accept a RAY deed for the Y�est 25 ft. of Mr. Saunders' property in exchange for paving of the street without a lien against the property therefor. Motion carried. New ;Business Councilmen Gresham, seconded by Councilman Preble, moved that Ordinance No 209, caption of which follows, be placed on first reading in its entirety. Motion carried. ORDINANCE NO. 209 AN ORDINANCE EXTEVDING THE TERRITORIAL LIMITS Or TEJE CITY OF SOUTH MIAMI BY ANN=G * OF S. 3/4 of E2 OF SE's' OF Sw.-', LESS ROADS, SECTION 24, WINSHIP 54-S, t RANGE 40 -E, OF DADE COUNTY, FLORIDA. Having been read, Councilman Gresham, seconded by Councilmen Preble, moved that Ordinance No., 209 be.plaoed on second reading by caption only. Motion carried. In connection with the proposed - 1950 -1951 'budget, Mayor Acker distributed copies of the 1949 -1950 budget with amounts spent for salaries for 10 months and other ex- penditures for 9 months shown, to the Committee Chairmen and asked that they get with him in the course ;of the next week to get their recommendations. He asked that the Clerk phone the Fire and 'Buildings Chairmen adtising them of the desires of the Mayor and mailing them their oopies. Reports of standing committees mere as follows Sanitatione Chairman Corley reported that '85 inside toilets had been installed in the .colored section in the past month and stated he would like to get together with some plumbing companies on prices to get a fair deal for the colored people, that some were .asking unreasonable prices. Attorney Ruff suggested that Councilman Corley and Mr. Powell might gat together with them, that they are defeating their purpose if they continue at that prices 'N. S. C. Boyden suggested referring it to the Chamber of Commerce, as a better business buroau problem. F1NtWC�s a rmn Preble presented the following figures on 1949 tax roll collectionne i Real Estates Levied $32,150.74 collected all but approximately $590.00 of which it was expected to collect at least another 50f. Personal: Levied $7,535.20. Approximately 7% still outstanding ($550.80) of which " probably $160.00 will be uncollectible, because the businesses have been closed or moved It was agreed that this was a good report. FIREe Absent. POLICE: Chairman Prebish brought 'up the matter of vacations which he said should be determined soon. He asked if they should add an additional man to the pay roll to take care of vacation periods -, that they now have 6 mite officers. Mayor Acker recommended that no police be hired but that the extra man taken on at the peak period be used for that and given a one-week vacation at the end of that period. The Council agreed to 'this, and Chairman Prebish stated he would make that recommendation to Chief McKinney to assign vacations and that no additional, man be hired for vacation period. Councilman Prebish, seconded by Councilman Gresham, moved that employees of the City commands, their t+Reetion °periods not earlier than June 1, 1950 and and them not 'later' than September 30, 1950, and that vacation pay shall be paid in advance at the option of the rmployee,,and, Further, that said vacation pay shall consist of one week' pay to employees of not less than six months and up to one year's period of service, and two weeks' pay to each employee whose term of service has been over one year. Motion oarried. Streets &.Parke!' Chairman Gresham reported the need for additional equipment, that a new on ord Pick -up can be-obtained for $1400 - $1500 °end he has located a used dump truck with a new body for ?around $1150. He still has about $2900 for equipmobt in his budget and would like to advertise for bids. Councilman Gresham, seconded by Councilman Corley, moved that the City Clerk be in- structed to advertise for bids on one new 3/4 Ton pick -up truck and one used dump truck 1947 or later model, in good condition. Motion carried. Chairman Gresham is to give the specifications to the We rk. Chaftmsn Gresham also reported that Mr. Pendray -wants $760. for the 25 ft R/Vf end that the Zoning, Board is to hold a hearing on the matter. Special Committee Reports: On the North Red Court traffic matter, Councilmen Prebish reported that Chief Md{inney is working that out with the Bakery officials and this matter can be taken off the agenda;. City Hall Improvementai With Chairman Andrews not present, Mayor Acker as a member of e committee reported that the recommendation is to build up to counter ,height with adobe slump brick end jalousies from there on up, take the transoms out and replace with stationery glass, paint the exterior. Following discussions on cost, etc., Councilman Preble, seconded by Councilman Gresham, moved that the City Clerk be instructed to ask for bids for glass jalousies for the west half of the Sunset Drive side of the City.hall. Lotion carried. Mayor Acker gave a report from the State Road Department regarding the request for permission to install a traffic light at the intersection of South 4th. Avenue and U- S 'Irl. The Department had made a traffic check and found that approximately 1200 cars per hour traveled the Highway but that cross traffic was at a minimum, that they did not think a traffic light would help or alter conditions there other than slowing down the traffic. He did make recommendations regarding the traffic signs and stated the Department will put up their own signs there Mayor Acker presented a written report from the Water Board on rates, tapping fees, fire hydrants, etc. In connection with the matter of engineers, Attorney Ruff suggested they ask that the Water Board go into this re: the spacing of fire hydrants. President van Dusan suggested they _ask the Water Board to study that with the 'Fire Underwriters. Mayor Acker stated the'Water Board members are not engineers and asked for engineering' consulftbion and it was not granted* Councilmen Gresham is to check with W. C. Bliss on the matter of water,that perhaps he can work with the Water Board* The following bills were submitted for approval and payment€ BILK PAYABLE MAY 16, 1950` Florida Power & Light 332.66 Street lights Foster Printing Company 54.75 AElec. Police, Sanitary Hallock'a r• 16.85• Siren. repairs City of Miami 50.00 ^ Police radio A. C. McGarey 7.W transfer service S. H. Reese 9.73 �polioe badges Williams Printing Company 4.25r rubber stamp Secretary of State 12.50 ,A Flarida statutes payable out of GENERAL FUND Riviera Time 5.27�NH -17 legal notice payable out of RESERVE FUND" Councilman Gresham, seconded by Councilman Preble, moved that the bills be paid as read. Motion carried by poll, as follows= Corley yes Preble yes Prebsh yes Gresham yes Van Dusan yea Councilman Corley, S by Gresham, e gas account for June go to Ewing 's service Station. Motion carried. that th There being no further business, the meeting was adjourned at approximately 11:45 P.M. dent, ,City 'Council ATTEST: