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1950-07-25 MINUTES OF CITY COUNCIL SPECIAL MTGi 1 r h ».}ES OF ,JF(E SPECIAL 1,1E.TixG OF Tim. CITY COUNCIL OF SOUTH MIALII HEELD TUESDAY, EUENIING, JULY 25, A.D. 1950 AT THE C012,,1UNITY BUILDDTG AT 8:00 P.M. The meeting, was called to order at 8:15 by President Prebish with Councilmen Proble, Carballo Gresham , , Prebish and,Andfews rosponding,to roll call. President Prebish read the notice for the meeting; which had been called for the follow- ing purposes: a. Final reading of Ordinance #215 1� b.: Final reading of Ordinances ','f211, 212 and 213 l c. Personnel Board replacements. d', Zoning Board recommendations. e. Gas :station for next month. f Resolution re: deputies in emergency. g Resolution ro: meeting datos Minutes of the regular meeting; of July 18 aere read. The minutes :•rare approved as corrected, Councilman hndrdws, seconded by Councilman Gresham, moved that Ordinance ;1215, <caption of which follows, be placed on third and final reading in its entirety. Motion carried; and Ordinance jk215 read in its entirety. ORDINjUq CE 110. 215 APPROPRIATION ORDINXTCE OF THE CITY Or' SOU21 DII&II, _WRIDA ITOR 11IE YEAR BEGINNING JULY 1, A.D. 1950 MID EDDING JUNE 30, A.D. 1951. 4ND PROVIDIPlG 1012 THE SEPATUBILITY OP 'EIE P O'IISIO S HERD-OF. Councilman Gresham, seconded by COUTCillan Prible , moved that Grd]1aIC0 No. 215 be adopted AS rend. FollowinG discussion, in which Councilmen Proble cstated all other funds gill be accounted for in the audit just completed, motion carried by poll, as follows= Problo yes Carballo no, Gresham yes Andreas yon Prebish yes Councilman Proble brought up the Isiatter of appropriations coming from, the cigarette tax and offered the motion, seconded by Councilman Grer:Iam, that all of tll unused portions derived from the cigarette tnn either apportioned o1• not be allocated a not aside for a spocii'ic purpose designated by the City Council and reconnonds that it be a now City Hall with fire and police station. Followinl; discussion, in which Councilmani Androws quo; ionod its lol,ality, Presidont Prebich sorted possibly a motion is not the proper form of action to be t&-on. Councilman'Problo, seconded by Councilman Gresham rovmrdod his motion to road as folloVr.: ^ "That an ordinwica bo drawn up whoreby all unused Punds dorivad (rots t;w cirarotto tax allooatod or oar. - -kod for tho conatructictt Or a tituniciPal building; hounin- tho Citt Ball, :fire and police dopart;mntn, Cattncilmn Carballo quon ionod t:tti legality Of eai nrkin. -, :Ytiso tttrda. Couttd lr..an .'iadraws dinaul. -Od :;pad posalbllity of a »nditi; the vr,intileb 8915. i Page 2 Councilman Andrevis raiszsd the rjueation of the cig^retto tax funds on .hand. Following further discussion and argtments by Councilmen ,Preble and knlraws, President Probish called the motion out of order because this is a social meeting, snd pro- ceeded with the meetin,; as called. Councilman Andrews , s_econaod by Councilman Carballo,, moved that they sot aside the pasaal;o of Ordinance.!F215 Councilman Carballo statod this 'thing; is illegal because it rewired 5 votes to pass. Following further discussion, the motion failed to - ;pass, polled as follows Preble no Carbal to yes Gresham 00 .Andrews yes Prebish no Councilman Gresham, 'seconded by Councilman Droble, moved' that Ordinance ;-211, caption of which follows, be placed on third and final reading in its entirely. Motion carried and Ordinance q 211 read in its entirety. ORDINA110E 310. 211 _C AN ORDIN10CE REQUIRING ME SiTDi;:IE3T0iI PITH Ally PROPOSED SUBDIIISIOI,; RECcOPI) PLAT All A;REE:vu'F[I ^t A ;D BOND TO COi;STRUCT AT OlaIIERS, EXPUME STREET' PAVING,,SIDWALKS, PARK4'IAYS VTD 01_ -ILR IMPROVU-MENTS ITI T-. -,E' PIIOPOCED S-Mi 7ISION; KUTT CIRIZIT'IG THE CONSTRcTCTION OF SAID IIId'PO;TMI'IITS AT THE DIRECTIVl OR T.PM CITY` COU3CIL SIiO�hD THE 0°s4,IERS PAIL '1'O DO 30; AUT11ORIZI IG UE COLLECTION OF THE COSTS I 01.1 TEE 1112IITCIPALS ' X D S RL TY' JOINTLY ANID SE'v7+'RALLY IN SUM CASES MM - AZiTHORIZING THE 7TIZ- 1HOLDrIG 17MT,1 SUBI.IISSIOIT TO THE CITY WITI CIL ANY PROPOSED RECORD PLAT UNLESS T ;l; AGREEM,11T k6D BOND ACCOI Pj*;Y SAID PLAT. Thereupon Councilman Preble, seconded by Councilman Gresham, moved that Ordinance 1x211 be adopted as read. Motion carried by poll, as follows.` Preble yes Carballo yes Gresham yes Probish yes Councilman Carballo', seconded by Councilman Arable, moved that Ordinance ;,j212, caption of which follows, be placed on third and filial reading in its entirety. Motion carried. ORDIUM CE 110. 212 AN ORDIMICE REQN -U LING '21W ALL XTURE S`.TRELT PAVING ON PUBLIC RT!G13T- OF"-WWAYS DE OI' A LOI;C LIrE i1ARD SURrACE TYPE Ilt ACCORDALCE NIM TIM IATEST SPEC151CATIONS iPRE- PARED BY THE DEPAR'!'" i4T OF PUBLIC SKRVICE• Councilman Carballo, seconded by Councilman Gresham, moved -that Ordinance 1ao. 212 be adopted as read. Motion carried by poll, as follows: Proble yes Carballo yos Greshcni yes Prebish yes Councilman Gresham, seconded by Councilman Carballo;, moved that ordinance '13, caption of which follows be placed on third and final roadinr, in its entirety. Motion carried. Page - -3 ORDINANCE 110. 213 Ali ORDI111XICE TO REQUIRE T "iM O'1RITER. OR COi:`iTiZACTUZR TO DEPOSIT A PER R11 10E B011D OR CASH DEPOIIT P;,IOR TO THE ISKTIV:CE OF A ?EW.11T FOR CO;;ai.'E.UC`i'IOly, EXCAr1ATI`_1G, CLNUZING, FTILI11G OR GR4DI1W OF UUMP- TO P.E'UIRE ME SAID BOND OR DEPOSIT 110 DE A I'aITERAIL OF $50.00; TO REQUIRE THE COl&:I'TTEE1 ;1AN O :F STREIUS X( TD SEr` S TO DETERMP.dE Ai,D FIX THEE SAID BOUD OR DEPOSIT RASED UPON �i!1E VALVE OF PUBLIC li. "MOVITIM -ITS AT Tip11 SITE WiERE TIM PEF dIT Iii ISSUED; TO PRONIIDE 41 APPEAL TO THE CI`.lY COMCIL AS TO TiM AITO FT 0117 ME SAID BOND OR DEPOSIT; TO AU`1i.0RIZE VIE COPT UTTEEi;1A 1 OF S'I'RE 11,13 A_iD SEi7r1?.S TO USE THE SAID BOI1D'OR DEIP?SIT TO MVE REAUM,, OR TO R&M-733 UNDESIF.AT P, ATATERIAL5 OR SHEDS AFTER NOTICE TO THE 0;EMIZ OR CO11TRfiCTOR; TO MOVIDE FOR TI10 RETUM OF B01-.D OR DE-POSIT AFTER -Ta AL I11 PEC'1'ION; FROVIDEM P,UFALTIES `OR Tb.E ?IOI TION OF :1'1Has ORDI'_•,AUCE ;AIID REPEALING ALL LA:�"5 , OR PX4 TS 0'1 LA�'t8 , I;1 CO IFLICT Having been read in its entirety, Councilman Gresham, seconded by Councilman Proble moved that Ordinance 11213 be adopted as read. :'Motion carried by poll, as follows: Proble; yes Carballo yes' Gresham yes Andrews yes Prebish yes With a- vacancy on the Fire Department, and two members of the Personnel Board out of town, the need for temporary replaceten•ts alias brought up_ and Probident Prei ish asked that Councilman Carballo ;servo as one of these. When President Probish asked 1,,r. Frit,7 to serve, Mr. Fritz thanked for the offer but stated that in viovr of the developments tonight Io would rather not. Whon asked to serve, Iar. Tripp stated` he mast refuse for the same reason as 111r. Fritz, President Probish stated lie would pass this for the time being, Zoning Board' recommendations wore nest taken up .,,rith the reading of a letter from the Board, containin- the following "The JOETIK ITAL'TY COiUMTY on July 19th. applied for a permit to erect a commercial building, on Lot 4 COOPM3 3LBDIVI31101.,; Which fronts on Sunset Drive. 3e cause of sot -back and off - street parking conflicts the matter ivas referred to the Zoninv 'Board for study and recommendation. To avoid unnecessary delays in view of oxisting national conditions the noatcl undertook this matter without waiti:; to have the Council refer it and maces the following recommendations: 1. That the 'applicants vino ov+n both Lot 4 and Lot 5 COOPERS 231ULDIVISIOI: record an aasoinmit grouting right- of -vmy of ingress and egroes of the W. 1.8-11 ft. of Lot 5 and the E. 'i ft. 11 inches Lot, 4 CUGPM5 SUDL ISIOU for the use of the otivnors of Lot 4. 2. Thai', soalt pits for drainago, subject to 'tho City".- npp Irov :, be provided for at the roar and fronle, of proposed building. 3. .,at waiver- a;roomant on Lot:, 4, 5 and 0 CUOPIM tS SUBDIVISIOR lie ;ivon and t2ttrt buildiii5 permlib, bo iaauad aubjeot to nuch vmivor- avroavant." Page - -� Ted Semple,, attorney representing the JOETIK REA12Y CG;,Mk,,TY`, stated he is asking the Council to ;grant their request without holdinr, to zoning requirements of set -back, that " delaying tbom will hurt them financially and othervdse, that it is unfair to hold them' up for a waiver oil the ne-...-L property just because they weni it. it© does hot thin._ it fair to make these people go to some lairger to show up the ordinance. Re: .the soak pits, 14r. Cutler says Choy have one in the back and will tale care of anything else in front. _ ldr. Cutler objected to the 10 ft. easements He stated they tried to give an alley in the back but could not get I.ir. Goldfarb to „o in with -them. Councilman ners roe the ea: >om3rt they stated unless they give it ll in. driveway. , t �r h ase only 7 ft Councilman Andeews stated the requost is for a deviation from the coning ordinance. Attorney Semple suggested follwing the recoitwenda.tion of the Zoning Board but cast aside restrictions they are trying to put on the man. Councilman Gresham asked if I,:r. Cutler is milling to sign a rrei ver on the new building. The reply was that it had already been signed.- r Councilman Gresham asked 14r. Cutler if Ile woulu put a soak pit in front. lie agreed. Councilman Gresham, seconded by Councilman Carballo, moved that the JOETIK REALTY 0012AITY be grantod a +erm t subject to Vkdver- Agreement on Lot 4 COOPERS and the placing of �' " p -Proper so at ' nit in from. o_ the proposed building. Following further discussion, motion carried by poll, as follovrs Proble ,yes Carballo yes: Gresl;am yes Andrevrs iao Prebish yes : Councilman Carballo, secondod by Councilman Gresham, mov ?d that Clark' s Service atasion be designated as the station for ne;-t month's g.Ks, oil, otc. busines a. lotion carried. A short recess wits declared at 10:10 and business resumod at l0e3C. Prosidont Proaish reported tla,t 1 „r. Tripp had consented to serve as a tomporary member of tho Personnel Board ro,dth Councilman Garballo, and dosimated : -:r. '3oydon, re;ular member, to be chairman. Resolution •,f347 vias road as ;'olla;rs ItLa"t)� i� ^�IUIo 1U. °A-7 RL'01"i TIGIi U' krl CI27 CUIOIXIL tUY i'2 CITY Oi' JOI,' n1 1:IA ,i 11171111=11.7 2_'N .'XZoit A..11 M CUM” u" '(JLYCE 1 . Mil` 21ZE 01 =11ti"S AS POLICL 0 1-1 Cl;l2u MA111 : R1::lt2WM) BY ;1!.X COY Wtr :011, G.` `2` UZY li_' J01: 01f LIJ111:11 >'1.ri..ML —. "°.`hat zo r nVor, triad in stio aba-)nea or at Brio "ir yeti bn, t1to Zhio f Of 1 olieu bo and Ftra haraby ttutrar9Atud do deputa.zd civilians as W�3.ttt'.�.i ;Mice Oftico .s o.1,' Mils Cil�j Of hikift ", rpndi0d, Otte -% av ltt=rrica..as, i'.icbcil, ribt, 1 i%a O :mr, ar ulttri; *19 Nrt -YariOd ttion tin a ^tt:al n,torrondt e.:is -.z. Page - -5' Councilman Oftrballo, soconde,. by Councilman Gro ,hare, mows 'that Roso?itti on ,i'3 &7 be adopted as read', case of an Andrew asked vihat about; memberG of the Council automatically designated in 11otion carried. Resolution 7�3Q8 was next read,as folioer. —: RrSGLTnIOI; NO. 3 -1II „ RE30LUTIOIT OFF TIM CITY COMICIL OF `!'IM CITY OP SOUTH MIAMI AUZIOP— rZIIiG 'ME DATE Tll HOLDING REGULAR I-,nn TIN —r3 OF T"JE COUNCIL. BE I`1' RESOLVED BY THE CI'T'Y COUPICIL 07 MY, CITY 01, SQU`ji- iull�, 1, FLORI DA That pursuant to the provisions of the %harbor of the City of mouth i,iiami the regular meotinr-s of the Council shall be on the lst. and 3rd. Tuesdays of each and every month, provided, however, that should either of said i'uesdays be a legal holiday, then•the City Council shall meet on the neat succeeding Tuesday. Councilman Gresham, seconded by Councilman Carballo, moved that Resolution " -348 be adopted as road. T:'Iotion carried. There being no further business, the meeting; was adjourned in regular order at approximately 10:35 P-11. _w - resident, Gity Council '"' A WE ST': ity Clerk