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1950-06-06 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR A+G;ETING' OF THE CITY COUNCIL OF SOUTH h IATAI HELD TUESDAY EVENING, JUNE 5, A.D. 1950 AT THE ,-..., COL"1w"tNITY BUTLDIliG At 8:00 P.M. The meeting was called to order by President Van Duren with "'Councilmen Gresham, Preble,, Carballo, Prebish and Van Dusan and Attorney Ruff responding to roll call. Mayor Acker joined the meeting during the reading of returns of the election. Minutes of the special meeting of May 30th. were approved as read. PETTTIONS AND COMMUNICATIONSs P - A. Election Return Sheet. President Van 'Dusen read the complete return'sheet giving the votes cast at the special election of June 3, 1950 on the Charter Amendments presented by the Charger Board, as.follows: QUESTION YES NO 1. Sea. 1 -b Amending Seca 1 -b to include ordinances and resolutions. 208 91 2. Sec. 3 NN Annexation of nezv lands to require a referendum. 230 91 3. Sec. 3 00 Provides for creation of a Pension Find. 183 131 4. Soo. 4 Provides for Mayor and 5 Councilmen, elections, Council hold- over`, and vacancies to be filled. 241. 90 59 Sec. 5 Council procedure, appointments, salaries. 182 124 6. Soo. 6 Nomination procedure to require signed petitions. 225 86 7. Sec. 7 Recall 2" 75 8. Sec. 8! Resolution or ordinance to require 3/5 vote to pass.. 226 71 9. Sec. ;9 Ordinance authorizing appropriation to require 4/5 vote to pass. 234 80 10. Sec. 10 To require 4/5 vote to over -ride veto of Mayor. 226 85 11. Sec. 11 The Mayor as civil and emergency head. 237 84 12. Sec. 12 The City Clerk's duties. 223 78 13. Sec. 14 Merit System shall be established. 209 00 14. Sec. 15 The Mayor's duties as executive and administrator. 222 87 16 Sec. 1S Uunicipal Judge substitution. 195 96 16. Sec. 31 Assessment at full cash - market - value and taxation and 419 limited -to 10 twills. 128 205 174 Sec. 63 Amending Sec. 63 regarding surface privies. 228 71 ,II l Page - -2 QUESTION. YES NO -, 18. Soo. 68 Franchises to be limited to 15 years. 239 77 19. Sec. 77 Non - communist oath required of all City officers. 247 73' 20 Sec. '78 Limiting contracts to one year. 242 70 21. Soo. 84 Effective date of amendments passed. 209 76 22. Sec. 87 No relative within the second degree of blood (NEW) relationship or campaign managers of amj elected City official shall be appointed as an employee of the City during the tenure of office of such elected official. 235 75 23. Sec. 88 Annexation tt another City to require referendum. 217 84 24. Sec. 91 Number of votes required for majority. 224 70 25. Sec.'96 Amending Sec. 96 regarding franchises and publica- tion thereof. 213 74 26. Sec. 97 Amending Sec. 97 validating all existing ordinances, resolutions and regulations not in conflict herewith. 188 81 27. Amending Sec. 67 and 89 to require 4/5 vote. 195 79 °j 280 Amending Sec. 38, 47, 52, 54-a and 60 regarding publication. 178 82 Councilman Carballo, seconded by Councilman Preble, moved that the Council oertify that of the 28 questions asked, Questions No. 1 t 15 inclusive and No. 17 to 28 inclusive passed and Question No. 16 was rejected. ?lotion carried. B. The opening :of bids for jalousies was postponed to get the bid that was misplaced. C. The Following recommendations were received from the Advisory Zoning and Planning Board: 1. "The :request of Maurice Braunstein to be permitted to rent an apartment at 109 Sunset Drive to a manufactur roof children's underwear was recoived. The operation or pow machinery and the business of manufacturing requires a C -3 use zoning and since the property in question is now 'zoned C -1, it is strongly recommended that the requostad permit be denied." Councilman Probles seconded by Councilman Grosham, moved that the recomWndation be noceptod. Motion carried. 2. "This Board received for conaiderebion and recommendation, a letter from not-back to ,required on the property at the north mate Corner of the intoraoct:ion of Red Road sari Sutwot: ?rive. This pro- Mr. X. ii. Angorman requesting that only a 25 ft party is further described as Lot 16 and LzL of H, Lot; 19, BiooL 1 its SUDDI ISIM#. E. Page - -_ Our City is becoming more and more populous and with the greater traffic, it is more imperative than ever to keep our streets as wide as possible, particularly such main thoroughfares as Red Road and Sunset Drive;. It is therefore recommended that the established building line be adhered to and held to a minimum ;of 35 ft. from the section line on Red Road and 50 feet from the section line on Sunset Road. Any :existing building now projecting beyond those lines should be removed if any alterations or improvements are made." Following discussion on County set -back acquirements on these streets, Councilman Carballo, secondod by Councilman Prebish, moved that the recommendation be accepted. Motion carried. 3. "The request of the Webster Outdoor Advertising Company to be parmitted to place a sign for the ;Pullman Company on property not owned by that company has been referred to this Board. The Council is urged to hold to the present zoning ordinance which prohibits the placing of signs for advertising purposes on property other than that on which the merchandise is for salotl Councilman Gresham seconded b Councilman Carballo moved that they accept the , y ey P recommendation of the Zoning Board. Councilman Prebish urged that Attorney Ruff check the legal opinion furnished by the Company in support of the validity of their request. Councilman Carballo, seconded by Councilman Probish, moved that the matter be tabled for further study. Motion carried. D A letter from Dr. "Charles D. Tharp, asking for an appropriation of f1300 for the South Miami District Chamber of Commerce for the '1950 -51 fiscal year, for publicity purposes. <' Following discussion,-Councilman Gresham, seconded by Councilman Preble, moved that they table the matter until next Tuesday night at the special meeting for the budget: Motion carried. This was also agreeable to Dr. Tharp. Be A R/N deed from J. F. Diehl and wife to the S. 7-,­ ft. 'of Lots'l to 12, the N. 7J ft of Lots 15 to '24 and the 7,. 10 ft'. of Lots 1 and 24, :Block 3, PINES, PB 13-2. Councilman Gresham, seconded by Councilman Preble, moved that the City accept this R 4 deed and that the City Clerk be authorized toJ`placo it on record. Motion carried. Fe Application for license to sell boor end wines for cooeumption on the premises at Harlem Inn, '723 North 2nd. Road, signed by Louis Levine. Following discussion, in which it was shown that a request for license at this same location and by the saw applicant had been rejected once before because it is next door to a place already so lcensod, Councilman Preble, seconded by Councilman Carballo nwved that the application be denied. Lotion carried. a. Petition from South Miami Coach Lines for temporary suspension of loop services. The petition not forth that over a 9 -month period the operation of this service re- sultbd in a deficit of 003,348.$54 that fully SOj., of the revenue taken on the routes in question during this period was derived from school children and that with the closing of school next week for the sum or vacation, tbo rovenue will be practically tif,l .Page - -4 Councilman Carballo, seconded by Councilmen Prebish, moved that tho Council grant the 'request of the South Miami Coach Lines for the temporary 'suspansionlof service on the loop routes, effective June 10th. Mrs. Lee agreed to put the service back in fall, if needed, and will definitely take care of the school children on these routes. Motion carried. H. A letter addressed to Mayor Acker, by Frank Clark, Jr.�Attorney for 'George •A. Alderman,_ claiming damages due Mr. Alderman arising out of an accident on May 19, 1950 in -which "his automobile was .struck by a truck of the City of South Miami, which was turning left into the exit lane which is clearly marked." Mayor Acker reported he had checked with the Police Department when the accident occurred', that there had been no contact with the City vehicle. The matter was turned over to Attorney Ruff to handle. Attorney Ruff asked Police Chairman Prebish to check with the Police Department, see if an accident report was made and whether a trial was held. Councilman Probish stated he will have a report at the next meeting.., E. Louis Sauls, oaptain -in the C 4.P. stated he was present 'at the request of his n headquarters, to offer their services for relief disaster, etc., that they have radio equipment, etc. and would like to offer their services in case the City has anything planned re; the "cold war ", that their peace time training, keeps them in trim. W. S. C. Boyden stated the C.A.P. had re- organized a group last wool, at Brown' Airport and suggested that Ivlr. Sauls contact Mr. Brown. - � Following discussion,* Mr. Sauls agreed to write a letter to the Council to set forth ` their proposal and that he will get in touch with Mr. Brown. UNFINISHED BUSINESS: 1. Re: the dump truck bid of May 30th..: Councilman Gresham reported a complete in- spection of the truck and recommended its purchase. He stated that Southland Chevrolet,; Inc. had also agreed to paint the truck at no extra charge. The bid of Southland Chevrolet, Inc. was again road, ;and then Councilman Gresham, seconded by Councilman Prbble, moved that Resolution'IIo. 342 be read. Notion. carried. RESOLUTION- 140. 342 A RESOLUTION AUTHORIZING THE FMCHASE OF ONE USED ONE & ONE-HALF TON 1949 FORD DUMP TRUCK MOM SOUTHLAND CHEVROLET, INC. YYHEREAS, the Council in regular session on Iday 16, A.D. 1950,, passed a motion to advertise for bids for a used 1 -2 or 2 Ton dump truck, and WIEREAS, in accordanco with Charter provisions, legal notice for sealed bids were inserted in the Miami herald of Iday 20, A.D. 1950 to be opened on May 30 A.D. 1960, and Vdii.'MS, bid from only ono concern tras submitted in accordance thoro:rith, and. AIMW, considering all mittors coacornitg the bid and delivery date, 5iouthlend Chevrolet, Inc. has provided a favorable bid. OW, Taii:"d2410n, BE 11 =OLVED BY T,`M WkYOR AI,n Titt CITY COta WIL OV ►a,F. cr-LY Or, SOUTH t.TiVIt 4� Page - - -5 That the said bid of Southland Chevrolet, Inc. be accepted and order for one 1949 Ford 1-1 Ton dump truck for the cash price of One Thousand -Threo Hundred ninety -five and no/100,Dollars 01,395.00) be placed. Councilman Probish, seconded by Councilman Preble, moved that Resolution No. 342 be adopted as read. Motion carried by poll, as follows: Preble yes Carballo yes Gresham, yes Probish yes Van Dusen yes 2. Regarding the water puddle in front of the post office, Councilman Gresham stated that quite a while ago Mr. Stang had agreed to share the e-pense of correcting this, when someone said the County would put the drain in,. He does not believe the County will do it, that a County engineer came down and O.K.'d what Councilman Gresham had suggested to do Councilman Carballo moved that Councilman Gresham's department be authorized to go ahead and do what is necessary. Motion lost for want of a second. President Van ;Dusan suggested they check with 'Mr. Stang and see what he will do, and find out 'what the cost will be. Dr. Tharp stated that at its first meeting this Council granted Mir. Stang a variance to place the post office building out in the road sad that is why the water is collect ingf if Dorn-Martin put in soak pits at no cost to the City, he wonders if Mr. Stang, will not put in that soak pit and take care of a nuisance in front of his building. It is unjust to take this money out of the tax rolls when the post office department jumps on Mr. Stang for the nuisance he has made. President Van Dusen stated Dr. Tharp's point is well taken and he would like to appoint a committee to go and see Mr. Stang. He asked Dr. Tharp if he would serve with Councilman Gresham. He agreed to serve, but Councilman Gresham believed someone else from the Council should go because he made ono type of proposition and believes someone else should take that back. President Van Duren agreed that point well taken and named Councilman Preble and Dr. Tharp' a committee to see Mr. Stang., Councilman Carballo, seconded by Councilman Preble, moved that Ordinance No. 207, caption of which follows, be placed on third and final reading in its entirety. Motion oarried, and reading of Ordinance No. 207 began. ORDINANCE NO. 207 AN ORDINANCE AMINDING ORDINANCE #167 AND #lo "S AND AIIY OTHI R ORD0ANCE3 THAT MAY BE IN CONFLICT HERX-SITii PROVIDING JOR 'TIE LICENSING AND CONTROL'oVER THE SALE OF ALL ALCOHOLIC BEVERAGES Iv THE CITY OF SOUTH MIAMI. Re: Sece 6 providing for a six months' licensei H. C. Brown (of Washbiah Liquors): shied he believed that had been ruled illegale Attorney ;Ruff stated this part was copied from the present Uiami Ordinance and he believes it 0.K. to leave in. Sec* 124 rem 'distances from other business: Amondod to except groceries and slmilar establishments, selling for consumption off premises frost. the 500 ft. distance From other ostablishmonts. Councilman Carballo asked regarding the distance from churdhoa in other comwnities t U Page - -6` Attorney Ruff stated it could be amended, if necessary. Lester lWashbish brought up tho question of definition of wine, as to 24% by volume and 14% by weight, which resulted in a discussion and it tivns agreed -to let the -` definition as given in the ordinance stand. A short recess was declared following the reading of Section 16.. Business was resumed at 10:45 with the reading of Section 17 Sec. 21, re: the hours, Mayor Acker stated this should have been 12 A.M. and not 2 A.M* Following ;disoussion, Councilman Gresham, seconded by Councilman Preble', moved that -the closing hour be made at 12 midnight during the week and at 1:00 A.M. Sunday. Councilman Carballo stated that would make the third reading of this ordinance illegal. President van Dusan asked what is his authority f6r this statement Councilman Carballo stated he has 1 A.M. for % ary night on his notes: President Van Dusan stated the original copy had "midnight" and that was scratched out and " x00 A.M." put in. Attorney Ruff explained that 3 readings are required one for a matter of notice but re *ardless of whether the last reading conforms to the first the final reading is the deciding one. He stated they could take a vote on that portion at this time and lie will check, if he finds that it is not legal they could read it again next time. Councilman Gresham other change s wrong. already made one change, if changing his is wrong, Councilman Probish stated this is a substantial difference, the other was not. Attorney Ruff stated the hour of closing is a vital factor to certain groups. He questioned the advisability of referring it to the Zoning Board. Councilman Carballo stated the Council makes the decisions. Motion carried, by poll, as follows" Preble yes Carballo no Gresham yes Probish no Van ,Dusan yes Re: Sec. 25r Le C. Proby, attorney, questioned the stopping of all music boxes at 1is00 P U., stating that a blanket regulation like this is unfair to places that are not nuisances. Mayor Acker stated lie has boon gotten out othis bed more times from complaints over these violations than any other thing„ that the closing of music boxes at 11 :00 P.M. is already on the books and he opposes taking this blmuret restriction from this +ordinance. Following discussions Counci'lmsn Gresham, socoaded by Councilman Proble, moved that music boxeo be closed down at llsoo P.u. 1lotion carried by poll, an follant Proble yes Carballo no Groshwt yos Probish no Vah 4wen yes Page 4 -7 See. 27. W.S.C. Boyden asked why restrict to felony of this state? Attorney Ruff replied they would have difficulty in knowing whether a man has been convicted in some other state. Sec. 27 a -,,Amended kby adding: a"or of a c a ing moral turpitude' in any : State, or of a crime involving Thy ch racter. The reading of Section 28 was completed, and due to the lateness of the hour, Mayor Acker suggested continuing at the special meeting on June I3th. President van Dusan stated he needs a leave of absence for the summer period for teaching and active duty with the army and would like to make formal request for leave of absence for the sum:.er months, from June 10th. to 'September 15th, Following discussion, Councilman g lman Preble, seconded by 'Councilman Gresham, moved that the request for leave of absence be ranted. Motion' carried. Councilman Carballo, seconded by Councilman Gresham, moved that Resolution No. 343 be read. Motion carried. RESOLUTION NO. 343 A`RESOLUTION AUTHORIZING THE SMNATURE OF HARRY W. PREBISH AS PRESIDENT OF `THE CITY COUNCIL ON ALL CHECKS OF THE !CITY OF SOUTd MIAMI AND CANCELLING THE SIGNA'T'URE OF C. RAYMOND VAN DUSEN THERBDN BE IT RESOLVED BY THE MATOR AND THE CITY COUNCIL OF THE CI'T'Y OF SOUTH, MIXdIc WHEREAS, President C, Raymond Van Dusan has been granted leave of absence by the Council for the summer months to permit him to fulfill a teaching engagement and to fulfill his period of active duty as an .officer in the Reserve Corps, and , Vice- President Harry yr. Probish will servo as President WHEREAS, in his absence of the City Council. NOW,; THEREFORE, BE IT RE30LVED THAT the signature of C. Raymond Van Dusan as President of the City 'Council on the checks of the City of South Miami, Florida be cancelled as of the close of business on June 10, 1950, and the signature of Harry I. Prebish as Prosident of the City Council of the City of South Miami, FlorlAs be honored as of June '12,'1350 and until further notice* Councilman Carballo, seconded by Councilman Proble, moved that Resolution No. 343 be adopted as roade Motion carried. Uayor Acker stated that the budget estimate is to be presented at a special meeting he is calling for June 13th, PIRCs Chairman. Carballo stated that Donald E. Jacobs -tad t � bee n hared � 7,�out his knowledge. As head of the department he should havo been told. Ono firaman want on vacation without his being told and the substitute hiirod without his being told. ldaycr Acker told Chairman Carballo he was out of to" on a convontion, that Ch ma Carballo was not at the last two meotinga -Adn vacations: mere discussode i"ho Police Dapartmont made arrahgo nta sand tho Ate Doonrtmant ass -:ed AW UVOr Acker tried to keep things going until the Council could approve or disapprove. lid wed that them authorize the temporari appointZant of Donald I.e Jacobs. , 0 Page - -8 Councilman Preble, seconded by Councilman Gresham, moved that 'Donald E. Jacobs be put on as substitute fireman at 9180.00 per month for the vacation period (5 weeks). Motion carried by poll, as follows y y y sh yes Van Dusen yes Preblo es Carballo es Gresham es Prebi The appointment of an appraisal committee was requested to check a building that it is desired to move into South Miami. Inspector Powell stated lie would suggest R. C. Gamnage and a good builder. President Van Dusen named Inspector Powell, R.C. Gammage and'; W. C. tic Donald and appointed them as a committee to investigate the building proposed to be moved into South Miami. Inspector Powell also asked for an attorney's ruling on a well -vs spptio tank problem existing between the Pablo and Greece jobs on So. 1st. Avenue. He stated he believed the well illegal because the man was not licensed, did not ask' for 'a location, that the Keeton Plumbing Company had the well put down without asking for a location. Attorney Ruff stated there is no specific ordinance regarding wells and septic tanks but that we have been following Florida State Board of Health regulations on these matters and quoted Chap. 28, Sec. 16 thereof. Inasmuch as this man's (Greece) hl a o G did not reveal any location for a well his initial application was not complete and we could' disapprove' any installations made without permit. He mooted Sao. 114 on Sanitary nuisances. He stated' 1. That the 'City does have provision for application or issuance of well permit with a fee for it of $1.50. 2. We are following*, Florida State Sanitary Code for wells. 3. Soo. 114 should prohibit the owner of the property Nhere the well is located from using the water for'the household. Attorney Ruff's reackmandation: That the building inspector not issue final occupancy certificate to owner of the property involved until he has submitted' application fof well permit and amended his application to show the location of the proposed site for the new well and that has been approved and permit ;issued* The following bills were submitted for approval and payment: BILLS PAYABLE WAY 31, 1950 Bailey's Lumber Yard 40.58 !lumber supplies Biscayne Engineering Company 10.92' maps .Brewer Coo of Florida 39.00' asphalt for streets Bryant's Corner Service Station 345.82 gas, oil, repairs, etc. Cauley & Martin 67.50,%insurance Cecil u: Bruce 555.00 truck flat Central Press 63.00" 1000 decals Ted Crockett 11.02 ico for May Donnitr" s, Inc. 13.08- hard%varo Pla. East Coast Ay. 1.00a ground rental 101x. Eoaipmont Corvdily 45.00 repairs to sweeper . f'oster's Store 15.10 stationery supplies' r�raiiklin Praia 223.65 v printing for election Page - -9 R. C. Gammage 250.00''Ielectrical inspection Gulf Oil Company 13.751*, oil for S. P Holsum Lunch 36.80 % prisoners'' meals Long Office Supply 9.15tik office supplies Loyd's Garage 3.50 auto repairs Miami. Daily News 11.28 � legal notices Miami Herald 7.88 legal notices Miami Tire Retreading Co. 150.72A tires Miami Uniforms + 89.50A Uniforms, Police Miro -Flex 16.270 signs Oolite Rock Company 15.50, pit rook Petty Cash 38.17 4per itemized list Riviera Times'' 271.14A legal notices John Ruff 150.00 -', legal services, May John Ruff 507.50 , legal services, Charter Board Skagseth Stationery C21npany 10.95',\ bf ce supplies South Miami Atlantic Service 260.50; new motor E repairs Southland Chevrolet, rme* 1,249.90 new truck Pencie Melton, Clerk 10.60^ election expense Florence Parrish 10.00'' election expense Carrie 1ou Shelley 10.00' election expense Margaret Pinkard 10.00., election expense Eleanor Arendt 10.00 � e]e ction expense Matfie Sapos 10.00 selection expense Mrs. W. 0 Tanner' 10.00~ election expense W. S. C. Boyden, Deputy 10.00" election expense City of South Miami 212.72' wpayable to H -17 Motor Vehicle Commissioner 3925-\ title & x -tag, Totaling 4,822.35 payable out of GEffERAL FiMD Bryant's Corner Sersioe 109.05 oil, repairs Deming' s, Inc. 1.801: hardware Mangum Asphalt Co. 466.714+oil for street Material Sales 163.20 pea rock Oolite Rock Company 455.60 "Apit rock Petty Cash. 10.50A postage South Miami Atlantic Service ° 19.15NN repairs, etc. Totaling ,246.0 payable out of RESERVE FUND PETTY CASH ITMS - - MAY 1950 Stamps, Charter Board A -3' 24.00 Stamps C -3' 6.00 Gas allowance, May C -6 5.00 C 11000 Keys .75 babo .25, polish .13; cleanser .15, bulb .22 M -5 1.47 1%isk broom P -4 .89 Note books P -5 .$0 Pads P -14 .31 P 1070 payab le out of GENERAL M- TD 3 Fordson manifold H -16 4.50 Stamps H -17 6.00 payable out of RESERVE FUND 0 .50�^ Alm 0 Page, --10 Councilman Gresham, secondod by Councilman Preble, moved that the bills, be paid as read. Motion carried by poll, as follows:; Preble yes Carballo yes Gresham yes Prebish yes Van Duren yes Mayor Acker asked about the ,summer park program. Councilman Gresham stated he had intended to bring that up in his standing committee report. There will be 2 from the Dade County 4chool Board for a'six -weeks period but we still need one person. He was going to get, John Tueil to come on at noon and stay late; and on Saturdays, and would recommend paying him .137.50 per week for 40 hours, per week, Councilman Gresham, seconded by Councilman Preble, moved that they appoint John Tuell as playground super7isor for the summer months beginning with the close of'school and ending with the opening: of the fall term, at $37.50 per week. Motion carried by poll, as follows' Preble yes Carballo yes Gresham yes Prebish yes Van Dusan yes There being no further business, the meeting was adjourned at 12=25 A.M., Wednesday,, June 7, A.D. 1950. President, City Council t, ' ATTF3 T C]e rk II