1950-09-05 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR MEETING OF THE
CITY OOU'TdCIL Or SOUTH CIA &II HELD TUESDAY `
EVENING, SEPTEMBER 5, A.D. 1950 AT THE
COIJM19ITY BUILDING AT &:00 P.M.
The meeting was called to order by President Prebish with Mayor Acker, Attorney Ruff
and Councilmen; Preble, Corley, Carballo, Gresham, Andrews and Prebish responding to
roll calla
Minutes of the special meeting of August 7th. (not hold for lack of .quorum), and of the
regular meeting of August 15th. and the regular adjourned meetings of August 16th. and
22nde were respectively read and approved as reads
PETITIONS AND OOASTUNICATIONS''
a. Zoning Board. The following recommendation was presented on the Pullman re-
quest for re- zoning: (triangular parcel in SE-SW-NW, Section 36- X54 -40 lying SE of R /W)
"The Advisory Zoning and Planning Board makes the following racommendationss
That the Council grant. Mr. Pullman's request and rezone from R -1 .to C -2 the property
described above,; and that a permit for a storage building in conjunction with his
existing furniture store be ,granted a C -2 use and that ten feet for an alley on each
side of the NW boundary of the triangle be given both by 11r. Pullman and all adjoining
property owners. In the event that any ajoining'property owner fails to give ten feet'
for right -of -way for an alley then Dave Pullman shall give to Hughes Miller and George
A. Bland an easement over the Northwest ton feet of said triangle for ingress and
egress."
Councilman Gresham, seconded by Councilman Andrews, moved that they accept the re
commendation_ of the Zoning Board subject to Mr. Pullman's compliance with either
condition as to the alley or an easement.
Dr. 'Tharp believes the Council will act fairly carefully in granting the exception to
the zoning, but recommends that a committee from the Council be appointed to get that
alley opened all the way through.
Upon a call for a vote, the 'motion 'was carried, and President Prebish asked Attorney Ruff,
to _draft an emergency ordinance, if the Council is agreeable to that.
President Prebish appointed Councilman Gresham and asked him to appoint his own committee,
re: the alley.,
Councilman Gresham asked Mr. Breuor to help with it.
2. 111. T. Price. The following recommendation was prosonted,Prom the Zoning Boards
"At a meeting of the Advisory Zoning and P1onning Board August 28, 1950 in the
City Hall of South Miami, W. T. Price requested permission to widen 4/or deepen
the Cambridge -Lawns canal. Mr. Price propooes to Pill adjacent land to satisfy an
elevation of eight or nine feet to raise it above flood stage.
Mr. Price is willing to clean out, widen and /or deepen the canal, not only along
the Riding Club property, but beginning at the North Fourth Avenue bridge. He will
thus clean out at no oxpenso to the City or to the residents of Cambridge,Lavms the
canal which has caused considerable nuisence to the residents of this area.
T}yj Zoning and Planning Board roconmvonds that Mr. Prices request be granted and
that he bo given permission to proceed with this work."
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Following discussion on a call for the vote, the motion was carri ed.
3. 'Re: the Dexter Saunders proposed plat of DAVIS HIGHLMIDS, tho Board made the follow-
ing recommendation:
"The i final tracing of the plat Of Dexter Saunders, to be known as DAVIS HIGHLANDS,
and tentatively approved by your body on August 16, was submitted to this Board for
consideration.
As it incorporates all details of the original tentative plat, it is now recommended'
for your final approval and signaturee"
President Prebish thereupon read Resolution Noe 352, as follolvs:
RESOLUTION NO. 352
A RESOLUTION APPROVING AND ACCEPTING A PLAT OF
DAVIS I IGHIJU DS EXECUTED BY D1D[TER SAUNDERS AND
IRENE M. SAUNDERS, HIS 11rIFE, 0111TERS, AND J. D.
REEVES AND J. P. PRITCHETT, VICE PRESIDIRIT AND
;SECRETARY RESPECTIVELY OF THE COCONUT GROVE EX
CHAtdGE BANK, HOLDERS OF FIRST MORTGAGE, AND DIRECT-
ING 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 OF�nCERS TOGETHER
WITH THE CITY'S SEAL.,
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF TIM CITY OF SOUTH MIAhaI, FLORIDA
1. 7aMREAS, Dexter Saunders airs Irene M. Saunders, his wife, are the title holders
and the Coconut Grove Exchange Bank is the Owner and holder of a first mortpge recorded
in Clerk's File Z,- 18801, off the West z of the Southwest g of the Southeast 4 of the
Northeast 4 (Yip= SNP- SEA -NF✓4) of Section 36, Township 54 South, Range 40 East, and
2. WHEREAS, the said Dexter Saunders and Irene 1I. Saunders, his wife, have caused
to be prepared by P.M. Stubbs, registered engineer, a plat of DAVIS HIGHL.UIDS, the same'
being a subdivision of the aforesaid 76 of efi of SE`s of NE4 of Section 36, Tovmship 54
South,, Range 40 East, and
3. WHEREAS,, the said plat of DAVIS HIGHLMIES has been submitted, properly executed
by Dexter Saunders and Irene M. Saunders, his wife and J. D. Reoves and J P. Pritchett.,
Vice President and Secretary respectively of the 'Coconut Grove Exchange Bank, owners
and mortgage holders of said DAVIS HIGEMMIDS, and
49 11MEREAS,`the Advisory Zoning Board finds that said plat conforms to all rea.
quiromonts of zoning and right-!of -way dedications and recommends its acceptance
NOW', THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of SOUTH Mayas
That the said plat of DAVIS HIOHLAUM , 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, together with the seal of the City of South Miami to said
plat.
Councilman Andrews, seconded by Councilman Carballo, moved that Resolution No. 352 be
adopted as road. Motion carried
b. A latter from Velma Boded, requesting a place on the Agenda to discuss the rontal
noes er ��►�. � � dancing classes.rEiss Bedee tirars present and
Of the Cesrnr� wind ;wilding for Coaching dart+jW of orno6na a W061.0„ or ot}torw :ra one ai'ter_
stated who would like to �t..e the �nizla,in-
t?
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Mayor Acker suggested appointing a committee to check into all angles, follcning dis-
cussion, and President Probish appointed Councilman Andrews, Mayor Acker and Clerk
..
Margin to that Committee.
c. A request from William E. Christensen for a variance in zoning to permit him
to use his neon sign.:
President Probish asked about the spot lights and read the ,application for permit for
6 spot lights in the trees.
Mayor Acker asked if it should go to the Zoning Board.
Councilman Carballo quoted section in the City ordinance +99, that the owner of the
lot has the right to place a sign thereon, etc., that Mr. Christensen being the owner
of this regulates the erection of the sign. He does not see that there is anything
they can do but to grant it.
Mayor Acker said the sign is a condition upon which they previously granted a variance,
Councilman Gresham moved that it be turned over to the Zoning. Board for consideration.
Motion died for lack of a second.
Councilman Andrews stated as he recalls it, that was quite a case, rulings and opinions.:
He does not feel the,-, Zoning Board would change its opinion. The question is, is
Councilman Carballo reading that part of the ordinance correct or not, is the man
allowed a 12 ft. aign or is he not? Attorney Ruff stated the ordinance in effect that
he speaks of but he does not remember whether or not it was ;subsequently rchanged.
Councilman Andrews re: the lights asked Else. Inspector Gammage who stated must
be wired according to code, that it is common practice to light up palm trees, especially
over on the Beache There will be no danger if it is done according to code.
Councilman Carballo, seconded by Councilman Corley, moved that in view of the fact that'
the ordinance is valid and he owns the property and has the ,right, that Mr. Christensen
is given permission to use the sign and install the lights, providing that he conforms
to the
electrical code and that the sign, comes w .thin the requirements of Sec. ;99 Ord. 1.
Attorney Ruff referred to the written stipulation with the City by Attorney Kehoe, stated
that Mr. Christensen is bound by that stipulation, and recommended a letter or resolution
releasing Mr. Christensen from the original stipulation.
Motion carried, and Attorney Ruff instractii-llto draft the necessary, resolution.
d. A letter- agreement from the; Florida Power & Light Co. re: street lights, was
read, as followss,
"This relates to that certain Street Lighting Agreement now in effect between us'
dated the 7th. day of January, 1930, and to all supplementary-agreements thereto.
,,It is understood and agreed that the term of the said Street Lighting Agreement
is hereby renewed for a period of one year from July 7 1950 until July 7, and
shall extend by vote of the Council for a further period or periods of one year from
the termination of the said one year period or any extension thereof;, unless by written
notice given by either party to the other not more than ninety (90) nor less than thirty
(30) days before the date of termination of the said one year or any ea- tendon thereof
either party shall have signified its desire to terminate this agreement.
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It is further understood and agreed that except as expressly provided heroin;
the said Street Lighting Agreement and all supplementary agreements thereto, shall
remain 4n full force and effect between us.
If you agree to the foregoing„ kindly so indicate by causing, this letter and the
attached copies to be executed by your duly authorized officials, under your corporate
seal, in the spaces provided below' for that purpose.
Yours very truly,
FLORIDA 'POVVER & LIGHT COMPANY"
Councilman "Preble, seconded by Councilman Andrews, moved that the City sign the letter-
agreement with the Florida Power & Light Company for street lights. Motion carried.
e. A' letter from Walter Shields, commanding the work of the police department, and
in special of Offices. W. A. ,Pressley, Jr., in curbing speeding on Miller Road. It was
suggested, to ask the newspapers to print something like that., £or >a change.
f. A letter from absent President C Raymond Van Dusen regarding the criticism
of the "non - functioning City Council" reaching him while on temporary assignment to
active duty with the Array, was read. In it he urged the members of the City Council
to "make all effort towards constructive, harmonious and effective action."
Councilman Andrews moved the letter:. be filed with the Clerk. Motion lost for lack of
a
second* and no action taken but ;considerable ' disoussion.
Dr. Tharp, addressed the Council with reference to the Chamber of Commerce conmmxnication
of several months ago, asking the City for $1300 as a publicity appropriation.
e been taken for a' possible chamber of Comaerce
building otherrthenathe Communi'tytBuilding and Dr. Tharp said not at the present time.
Councilman to
Gresham, seconded by Councilman Andrews, moved that an iappropriation of
the South Miami Chamber of Commerce and that an appropriate resolution'
be drawn by the City Attorney.
Following discussion,' Motion carried'.
h. Re: Bus Benches, an application by James .& !Bro. (James Jarvis) for occupationui
license to set up benches at bus stops, was read.
The application was referred to the Zoning Board.
i. A letter from the South Miami Variety Show, requesting permission to construct
a locker for storing their costumes, at the Community Building, was read.
Councilman Andrews suggested the request should be taken under consideration and a
cotmnittee appointed.
President.Prebish appointed Councilman Andrews and Mr. Burmeister to this committee.
At this point a short recess wqs dec3arod•
Business was resumed at 10:33, with the presentation of a request by W. H. Angerman a*
others for a re- zoning of their property in YT. A. LARKINS SURD. This was referred to
the Zoning Board.
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UNFINISHED BUSINESSt
Councillman Carballo, seconded by Councilman Andrews, moved that Ordinance No. 218, caption
of which follows, be plaaced on third and final reading in its entirety. Motion carried and
Ordinance No. 218 read.
ORDINANCE NO. 218
AN ORDINANCE AMENDING SECTIONS 4 AND 5, ORDINANCE NO. 98
AS AMEdDED, OOMWNLY KNOWN As THE ZONING ORDINANCE OF THE
CITY OF SOUTH MIAMI, TO PERMIT A VARIANCE FROM THE R -1
USE PREVAILING IOR THE FOLIQWING DESCRIBED, PROPERTY, TO -WIT:
LOTS 11 AND 12, BLOCK 3, WESTERFIELD MANOR, SECTIONS 1 AND
2, PB 18 -47, JKD ,HEREBY :AUTHORIZING A MEDICAL DOCTOR'S
OFFICE BUILDING.'
Councilman Gresham, seconded by Councilman Carballo, moved that Ordinance `No. 218' be
adopted as read. Motion carried by poll, as follows:`
Ccw ley -yes Preble yes Carballo yes Andrews yes Gresham yes Prebish yes
Councilman Corley reported that his committee, re the garbage and trash collection and
pit,, had y, Paragon Construction Company, but the survey has not
it had met with Mr. Kell of
been completed and he would t ry` to have it for the next Council meeting. The survey
for the garbage collection was tentatively set around $30,000.00.
Councilman Gresham discussed the matter of filling up the pit and covering every day with
a bull dozer, and Councilman Corley reported: they had received the last burning pa rmit
that would be issued the City by the County.
j Councilman Gresham 'reported that a man said he would like to submit a bid for using a D-8
in the 'pit.
NEff BUSINESS:
1. Res water at the City Hell from Consumers Water Company.
Councilman Andrews, seconded by Councilman Carballo, moved' that a resolution be prepared
setting up for connecting to Consumers Water Company for water for the City Hall.
Motion carried.
Councilman Carballo, seconded by Councilman Corley, moved that Ordinance No 219, caption
of which follows, be placed on first reading in its enii rroty.
ORDINANCE NO. 219
AN ORDINANCE AMENDING ORDINANCE N0. 174, TEICH IS All ORDINANCE
AULA
TING GARBAGE AND TRASH AND PROVIDING FOR FEES MR REWVAL
OF SAVE, BY SUSPENDING THE PROVISIONS OF SECTIONS 5 AND 6 OF
ORDINANCE No. 174, FOR THE PERIOD JULY 1, 1950 To JUNE 30, 1951,
Following discussion, motion carried, and Ordinance No. 219 read.
It was ;estimated that about 2400 were paying out of a possible 1500•
There was discussion on the cost of burying garbage. 0125o every week, also, the possibility
of getting_ another truck.
It was suggested to change' the P. oposed ordinance which was read, to oliminate the garbage
tax for 6 months. They can still improve the pit with all raquirownts, etc.
A
it
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Attorney Ruff suggested that rather than suspend payment,, reduce the quarterly payment but
keep up a schedule of paying.
Councilman Corley said he liked Councilman Andrews' idea of drawing up another garbage or-
dinance after that.'
Councilman Andrews discussed contract figures, and Councilman Carballo reported that
Mr. Kelly, of Paragon Constructi on Company had said that the beginning figure would 'be
reduced in 4 to 6 months, depending on salvage.
Mayor Acker, re: the cigarette taxes, discussed the Youth Center, swinming pools, 'incinerator,
and urged the Council to effect some method for appropriating this money and leaving the
budget "as is.
Following farther discussion, Councilman'Andrews seconded by Councilman Corley, moved
that they change the wording in the ordinance by changing the dates to read "January 1, 1951
to June,30, 1951.^
Councilman Corley 'suggested letting them pay $1. per quarter so as not to got out of the
habit of paying.
J. P. Jackson arose to state the present garbage tax system is unfair. He.belioves that
Councilman Andrews' motion is fair, and get a new ordinance at the end of the six months.
Motion - re: changing dates -'carried, with one negative vote.
Inasmuch as this was a major change, Councilman Andrews, seconded by Councilman Carballo,
moved that Ordinance No. 219, caption of vihich follows, be placed on first reading in
its entirety. Motion carried, and Ordinance No. 219 read.
r" ORDINANCE NO. 219
AN ORDINANCE AMEND3NG ORDINA31ICE NO. 174, VEICH, IS AN
ORDINANCE REGULATING GARBAGE AND TRASH AND PROVIDING
IOR FEES FOR REMOVAL OF SAME,, BY SUSPENDING THE PRO-
VISIONS OF'SECTIONS 5 AND 6 OF ORDI1ANCE
.LJO.L 174,
FOR T11E PERIOD JANWY 1, 1951 TO JUNE 30, 1951.
Attorney Ruff reported on the condemnation suit for S. 2nd. Avenue, that the Forsell Corp.
lot owner offered to give the necessary 25 feet R/W for 550 and he would like the Clerk
to be authorized to issue 'check for $SO. to clear this up.
Councilman Andrews, seconded by Councilman Corley* _'moved that s check for $50.00 be issued
to the Forsell Corp. for deed to 25 feet of Lot 48, AMERICAN TOVIUSITE and the City Attorney
draw the necessary resolution to consummate the deal. Motion carried by poll, as 'followa
Corley yes Preble, yes Carballo yes Gresham yes Andrews yes Prebsh yes
The following bills were submitted for ;approval and payments
BILLS PAYABLE - SEPTEMBER ,1, 1950
Acorn Refining Co. 78.48' yellow paint for streets
Adobe Brick Company, Ince 14.10 brick & cement
Aron's Department Store 5.48 uniforms for 'G. L. Willie
Bailey's Lumber Yards 16.82 lumber supplies
" Biscayne Engineering CompwW 8.40 city maps
Browner Co. of Fla, 26.00 4 tons asphalt
Bryant 'Office Supply Company, Inc. 4.95 office supplies
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Bryant's Corner Service
11.34" adjustment on 2 tires
Canington's Service Station
37.35 f,gas, oil, repairs
Clark's Service Station
423638 gas, oil, repairs, ,etc,
Ted Crockett
26.00a Ice for July & August
Denning' a, Inc.
35.44 -hardware
Dorn - Martin .Drug Company, Inc.
3.36.�.flash; light batteries
Everglade Paper Company
17.00» papei plates
Foerster Electric Company
14.79 '• !Elec. work, City Hall
Foster Printing Company
56.25* printing
R• C. Gamneke
316.05, Else. insp. fees
General•Mills, Inc.
8490k handle, mowi�g machine
Guarantee Sanitary System
2.50 , ^. 1 gal. pine oil
Highway Motor Servi -ce
5.75 battery charge, tires rep.
Hi Volt Battery Mfg.
13.95 a battery.
Holsum Lunoh
71.60 , prisoners" meals
hoyVs Garage
10.20 points, plugs, installation
Mangum Asphalt Co.
26.50 ^. oil for streets
Material Sales Corp.
20.40• pea rock for streets
Miami. Tire Retreading
57.92• tire & tube
Miami unifors'
216.00 �, uniforms
Oolite Rock Company
466.65 w pit rook
Phillips Typewriter Company
9.95A typewriter table
Riviera Times
7.42 advertising (legal +notice)
Southern Mattross company
20.50',mattreas and pillows
South Miami. Atlea do (Walker Miller)
20.50q gas, oil, repairs, etc.
T- Square Triangle Company
34.96N blue prints, youth center
E. L. 4iompson
7.83 4 cover, fire well
Turner Brothers
.96 bolts
Cocoplum Women' a Club
50.00 �, publicity
John Ruff
150.00n legal services
r
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Totaling
2,297.68 parable out of GENERAL FUND
Councilman Gresham, seconded by Councilman Andreas, moved that the bills be paid as read.
Motion_carKod by poll, as follows"
Corley yes Preble yes Carballo yes
Gresham yes - Andrews yes Prebish yes
Following discussion, Councilman Andrews, seconded by Councilman Carballo, moved that they
give the ryas 'business for the balance
of September to the South Miami Atlantic Service<
Station. Motion carried.
Councilman Gresham, seconded by Councilman
Carballo, me ad that they adjourn the meeting
to next Tuesday night, September 12,
at 8 :00 P.M. Moti carried and meeting adjourned
at 12s21 A.M.;, Ileftesday, September 6 to 8x00 P.M. Se ember 12th.
reside t _city Counc l
ATTESTS
City lerY