1950-06-20 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR MI —4TING OF THE CITY
COUNCIL OF SOUTH MIA14II'HELD TUESDAY''EVENING,
JUNE 20, A.D. 1950 AT THE COM10NI TY BUILDIN^s
AT 8:00 Poll.
The meeting was called to order by President Prebish, with Councilmen Preble,
Carballo, Gresham, Andrevis: and Prebish responding to roll call. 1116yor .Acker and
Attorney Ruff joined the meeting shortly thereafter.
Minutes of the special meeting of June 12th. were approved as read.
Petitions and Commonications'e
a. A Resolutiowlt om the Board of Public Instruction of Dade County, dated
March 29th. but mailed June 12th., indicating its desire to purchase the 10 acres
in Section 26 at the quoted price of $1,150.00 per acre but, having no funds available
in the current budget, asking, that the City give them time to arrange therefor in
the 1950. -51 budget.
Following discussion, Councilman Andrews, seconded by Councilman Carballo, moved that
a resolution be prepared to incorporate the details of the resolution of the School
Board and setting up on our part, the privilege of setting a time limit, to
January 1, 1951. Motion carried.
b. Zoning Board recommendations
1. Re: the Jesse Koehler plat of DAVIS M)AVORi
"Mr. Jesse N. Koehler has presented for approval the attached plat of DAVIS MANOR
located in the 1IV41 of Section 36 -54 -40 and lying partly in the City of .South Miami
and partly in the County.
This Board has :examined the plat and recoimwnds its approval to the Council. The
present zoning is not affected by the acceptance of the plat and if Mfr. Koohb r still
wishes any zoning changes such as indicated in his letter of January 25 1950, a
public hearing will be held."
Councilman Gresham, seconded by Councilman Andrews, ;moved that the Council accept the
recommendation of the Zoning Board. Notion carried. (Revoked by later motion)
Councilman Carballo raised tho question of bringing the balance of -the property into
the City._
Councilman Probish road Resolution No. 345, caption of which follows:
RESOLUTION 110. 345
A RESOLUTION APPROVING &ND ACCEPTING A PLkll OF DRIVIS 1,:AtiOR
aiCUTED BY JESSE 2%T. K0131IM AND LUCY S. KOE iLER, His WIFE,
OX40,15,, 11ID DIRtCTING THE WYOR A1-1D T.RE CITY CLERK OF AND
ON BEr r►LF OF '21B CITY OIL 3OUX MliVII TO AF= UPON SAID PLAT
THEIR RINPE CTIVE SIGNATURES AS SUCH O'FFICL23 TO TIMER 'i ITH
THE CITY'S 38A5.
Councilman Andrews, seconded by Councilman Carballo, moved that Resolution No. 345
be adopted as road.
Councilm, A Carbdlio stautod some of'fart should be made to incorporate' that area into
South -Jami, and following ,farther discustsion, the poasibility of bringinG the
baltince of the property into tho City ;Pas raised.
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Councilman Carballlo, seconded by Councilman Gresham, moved that the motion previously
made be tabled until they can work out plans to bring the property into South Niiem .
Motion carried with one negative vote.
Follo%ving further discussion, Councilman Andrews, seconded by Councilman Carballo,,
moved that 'they revoke the passage of the motion of acceptance of the recommendation
of the Zoning Board and that the Zoning Board further consider this matter in re: to
1. Requiring bond of the proponents of the plat guaranteeing the paving of
the streets and the laying; of sidewalks, if required.
2. As to specifications of to surface type of improvement.
3. The question raised in reference to several lots that appear from the
plat to be lying partly within the City` and the County.
Councilman Carballd stated he' has taken rides around subdivision in the County and
noticed that the county is making the subdivider lay water mains. Should they con-
sider this?
President Prebish asked that Councilman Carballo be notified of the meeting of the
Zoning Board cn this matter.
Motion carried'.
2. The plat:
was presented plat of the Fassell- property in NEg of N4 of SET Section 38 -54 -40
n
p Y Ir. H. N. 1.1Ja1bek.
After making, necessary dedications for streets, all of the lots, except one,
in the proposed plat met zoning requirements of 100 foot frontage and a minimum
depth of 125 feet' which provides the 12,500 sq. ft. land area.
The lot on which a variance is desired has a frontage of 95 feet and a depth
of 132 ft. vdiich provides more actual land aroa than the minimum requirement.
Since the overall square footage is provided and since the frontage is only
5 feet short, this Board recommends that the proposed plat be given tentative approval."
Councilman Andrews, seconded by Councilman ,Preble, moved that the recommendation of
the "Zoning Board be accepted.
Attorney Ruff suggested _ holding it up for the some reason as the other.
Presidont Probish ashed,'whothor this tentative approval should be hold up?
Councilman Andrews thought it was a good idea to point out to them those new con-
siderations, notify them so that they will know.
Motion carried.
c. A communication from the 'local Census office advised that the count of
returns as of April 1, 1950 Lave iiottth i:iami a populnt ion of 4,827.
The Clark eras asked to call some of the colored and urge th om to got the uncounted
ones to report; themsd1vo'j.
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Received too l%to to be pl-. c,ed on Lhj a�;onda a coIirvruniC"wtion .4 rom John 1Y. G. Fritz,
prosidont of the youth Llian Civic Louguo, offorin„ their services as a, group of
-" civic- minded residents to work for the benefit and advancement of the town of South
ldiv.mi.
Attorney Ruff suggested acknowledging receipt of the letter and thanking them and
pointing out the desire of the Council to catch all uncounted members of the community.;
Councilman Carballo said it is only fit and proper that the Council acknowledge the
letter and be willing to receive assistance.
President Probish agreed•to dictate a letter of reply.
Unfinished business:
1 Ito: the Pullman Furniture Company sign (application of Webster OuL-door
Advertising Company)
Attorney Ruff reported he had spent several hours rending on cases involved. Under
the present ruling of the Florida Supreme Court they are not allowed to erect a
sign on property other than that owned by them but recent decisions in neighboring
states differ. The City is legally correct and the Supreme, Court of I "lorida would
have to reverse its decision to decide against us. Attorney Ruff advised that
they accept the recommendation of the Zoning Board. (Hiinutes of June G,, pg. 3)
Following discussion, Councilman Andrews, seconded by Councilman Gresham moved that
tho City accept the recommendation of the Zoning Board.
I:,otion carried.
New Business:
1. Councilman Gresham, seconded by Councilman Preble,' moved that Ordinance No. 210,;
caption of which follows, be placed on first raa6ing in its entirety. Motion carried.
a
ORDINAI CE hTO. 210
Ali ORDINANCE LXMTDING THE TERRITORIAL LIMITS OF THE CITY
OF SOUTH 1.1I1111I BY ANINMal-M TRACT 3 -B,, LAS E. 50 LT. OF
N. 10 FT.: ALTA TERRA, REVISED PLAT,; PB 35 PAGE, 26,
PUBLIC E, CORDS OF DADS COUNTY, FLORIDA.
Having been read in its entirety, Councilman Gresham,, seconded by Councilman'Preble ,
moved that Ordinance No. 210 be placed on second reading by caption only. Motion
carried, and Ordinance No. 210 road by caption only.
Reports of standing committees:
SMITATIONs In the absence of Chairman Corley, Councilman Problo, seconded by
Councilman Carballo, moved that the Council approve the payment of ,),10.00 to F. Tatum
who substituted for E. H. Rogers during the latter's vacation, in charge of the
sanitary crews. Motion carried by poll, as follofrs:
Proble yes Corley yes Gresham yes Andrews yes Probish yes
Leo Glasel presented an oral complaint4 He stated that two months ago he requested
`. a permit to burn doom some trash at So. 4th. �troot and 4th. Avenue, but that
Rogers told him to put it out and he would move it.
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Following further discussion, Councilman Andrews, seconded by Councilman Carballo,
moved that E. H. Rogers be notified that this matter came up before the City Council
- and if he has made "a promise to remove it to do so at the soonest possible time.;
ki S. C. ;Boyden believes this sets a dangerous, precedent, that the bulk of that
was the result of clearing, he uaid for his own and ;so did others.
Councilman Andrews stated the City made a commitment, that the man followed in
struetions, the trash was on his lot and he was told to put it between the side
walk and the road.
Motion car_ ied'.
Finances Chairman Preble reported that the tax sale totaled ,:172.47 and that. all
certificates were sold at the sale;, and that 99.3x6' of the total real estate roll
had been collected before the sale.
J. P. Jackson arose to say that a large pile of brush is back of the Community Market
and he believes it should be moved, that 8 to 10 oars park there each day and that
some day someone might throw a match or lighted cigarette in there and cause a bad fire.
Councilman Andrews, seconded, by Councilman Carballo, moved that Chairman Corley and
E. H. Rogers be asked to investigate the report of Mr. Jackson end report back at the
next meeting.' Motion carried.
Fires Chairman Carballo stated his report can be made a part of discussion, i-rith the
budget on 4is department.
Polices Chairman prebish gave his 'report of his investigation of the Aldermen Case
c •
e believes the claimant should have his automobile under control at all times and
by his reckless operation of his vehicle, believes the City can be held harmless in
the case.
Chief Me Kinney, added to the report in more detail.
A copy of,Attorney Ruff's reply to Frank Clark , Jr. ,, attorney for George Alderman,
was attached to the file.
Baer Acker staged that as a result of a bolita pick -up last week some question
came up and he wants on explanation of what happened. It was reported that in making
the,bolita arrest they got a bag full of money and at Court time there was none.
When they carried the bag into the police department, did you (of Chief -&Unney
look into it?
Chief McKinney replied "yes ", that it is a matuor he discussed with the Police de-
partment and does not believe it a matter to be brought up in the public. He is
ready to explain but at the present time fools it is department business and not
for tho public.
Idayor Acker asked that a comaittee be appointed including president Preb ,h, and
Attorney Buff to hoar the Chief's explanation
President Prebish named Attorney Duff, L-ayor Acker, Councilman Andrews and hies -elf.
Councilman Carballo adkod irhy Attorney Ruff, he is not a mombor of the Council.
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- President Prebish statad that a report of t::_t Com.it oo - %d11 be made at the next
meeting of the Council. He requested newspapers not to publish anything in the paper
at this time.
Streets and Parks: No report.
is
Buildinfs Chairman Andreas reported on the City Hall improvements, and that, the
part improved makes the balance ,look terrible.
Attorney Ruff ruledcc that the City can use the same bid, which was on a unit price.
Councilman Andrews, seconded by Councilman Carballo, moved that they instruct the
City C]o rk to duplicate the order for one unit as accepted, for the other half
of the Sunset Drive front. Motion carried by poll, as follows:,'
Preble yes. Carballo yes Gresham yes Andrews yes Prebish yes
Councilman Andrews, seconded by Councilman Carballo, moved that the City Clerk be
instructed to advertise for bids to remodel the window in the City Hall facing'
North 2nd. Road to conform with the window facing Sunset Drive.
touncilman Xarballo asked if this could be done iin tine to use the 1949 -50 budget.
Councilman Andreum replied ghat the Sunset Drive front tizuld be on the 1949 -50' but
the No. 2nd. Road window on the 1950 -51.
Ulotion carried.
Chairman Andrews also `presented a letter from the Welcome °1agon- Netgcomers Club
offering its services to clean up and redecorate the interior of the Corcminity
Building, the City to furnish the materials and they the labor, in exchange for
permission.to use the building for meetings at no charge.
Councilman Carballo, seconded by Councilman Preble, moved that the matter be turned
over to Councilman Andrews and let him do v &at is proper and report to the Council.'
Motion caraed.
Councilman Carballo asked about the Boy Scout Hut, stating that child iron in crawling'
around there were getting hurt.
President;Probish appointed 'Councilman Carballo as a committee of one to take the s
necessary' steps to dispose of'the materiel that V'r. Reynolds will tear down.
At this point recess was declared and business resumed at 10:50 P.M.
Reports of special Committees
Councilman Preble reported that Dr. Tharp was to have made the arrangements for a
meeting with I'-Ir. Stang and that he himsolf had tried to contact lir. Stang by phone,
over the week end but was unsuccessful and therefore had not report at this time.
2. No. 2nd. Avenue Bus route. Councilman Gresham reported that the bus route
down that street is the logical str.: *at, they are coming; down on the side whore
there are no houses, and he rocomtlaends that the bus route romain tho same. There
,J was discussion, in which P. Tripp also took part.
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3. Tire Hydrants. Mayor Acker stated the commit <4oe has not bet but he went
to Consumers Water Company and saw the hydrants,, and recommends all they have - 49
with accompanying valves. New ones would cost $;100, or more.
Councilman Carballo reported that bIr. Carpenter (Fire Uinderwriters, from Atlanta,
was here on Friday and Saturday, and stated they use them all over the country and -
recommends buying them. Consumers Viater Company did not have enough valves and
he would rather wait until the next moeting. and see if 1!4r. Keating, has found more
valves.
Mayor Acker, reported on the publicity of the Girl Scout Troup *which went to Havana.
Following discussion, Councilman Andrews, seconded by Councilman Carballo, moved that
the Council together with the Mayor send letters of thanks to the proper people for
the 'treatment accorded to our Girl Scout Croup. Idotion carried.
The following bills were submitted for approval and payment:
LIST OF BILLS PAYABLE' JUNE 20, 19.50
Charlie Tyler 6.25 * labo:r -- City Hall
Joe 0. Howell 11.00 h 4 hours labor on City Hall
Curtis Ogden 24.7V, 12 hours labor on City Hall
Adobe Brick Company 15.00x, 125 adobe the
Air Vue Products, Corp. 150.00�Njalousies
Biltmore Windw Service' 55.86 k wind ow glass;, City hall
Cecil & Bruce Body Shop 555.00ytl - 12 ft`* steel flat
City of Miami 50.00, Police radio, June
Board of Co. Commissioners 37.20A time for voting machine supervisor
Coker Plumbing 29.48 ,labor & materials on hose extension
Ben C. Powell 5.00 A Virginia Daniels bldg. rapplication
Re C. Gammage 5.00,%
W. E MdDonald
Florida Power & Light Company 315.05 St. lights,; June
A. C. MaGarey 7.80 % transfer service
Soubl land Chevro]et 1,395.00 Ford 1949 1 -T Dump Truck
Will
iams -10rinting Company 4.65 c ^, 2 rubber stamps
Totaling 2,672.04 payable out of GMTE AL FUND
Councilman Andrews, seconded by Councilman Gresham, moved that they be paid as read.
Motion carried by poll, as Follows:
Proble yes Carballo yes Gresham yes Andrews yes Prebish yea
John 14 G. Fritz asked if the bills were paid out of the General Fund, is that in
accordance with the City Charter, are they covered by the budget?
Councilman Proble stated the monoy is on hand to cover, if Mr. Fritz wishes to go into
details he will make arrangements.
The budget estimate was then taken up,, with Administration, which had boon discussed
thru ".xlisoellaneous" at the previous mooting.
*: fir. Pritz brain ra and the auostion of charter provisions for tho tradgot. Mayor ticker
discusaod his points.
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v.
There was discussion ro: setting up ordinance for salaries to the Council and Mayor
Councilman Andrews suggested setting up a figure for four months from March 1, 1951.
Councilman Andrews and Councilman Gresham agreed to a maximum for the 4- months period.
Councilman Carballo made a proposition: $200.00 per month for the Council plus'
$100.00 for the Mayor and $50.00 per month for 'the IaMayor's expense account, equals
$350,., times 4 months equals }x1,400.00. Set that up with the understanding that ;
these; salaries start March 1,, 1951 and to run only to ;June; 30, 1951 and that an
ordinance cover that.
A. L. Broady ^ter'suggested labeling it "Salaries etc. for incoming Council and Mayor *"
and this was agreed upon.
Councilman Preble, seconded by Councilman Carballo, moved that the meeting adjourn
until Tuesday, June 27, 1950 as 7:30 P.M.
Meeting adjourned at 12:30 A.M., Wednesday, June 21;until Tuesday, June 27 at 7:30 P.M.
Wn
esidant City Council 5
ATTEST
C ty Clerk -.
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