1950-10-16 MINUTES OF ADJOURNED CITY COUNCIL MTGIAIIM S OF THE AWOURNED 11BEETING OF THE CITY COUNCIL
HELD XDNDAY EVENING, OCTOBER 16, A.D. 1950 Ai THE
C%11,,1UNITY BLZLD]ITG Al 7:30 P.M.
The meeting was called to order by President Prebish with Councilmen Corley, Proble
Carballo, 'Gresham, Rebozo, Andrevs and Probish and Attorney Ruff responding to sroll
call. Idnyor, Acker joined the meeting somewhat later.
President Prebish asked permission of the Council to'digress from the regular business
to read a; recommendation of the Zoning Board, as follows:,
"At its meeting on Thursday, the Advisory Zoning and Planning Board had a 'further
meeting with the owner and representatives of the proposed new development to be
known as SOUTHGATE C 2TTRE and now mi,kcs the folloVah_G recommendations to the Council
That the plat of SOTJTHGATE CENTRE, Tracts A and B, as submitted, be approved with
the understanding that the screening goes in around there according to a general
overall plan submitted by 'Curtis E Haley, architect,. and that the zoning of Lots 11
and 12, Block 9, OAK IiEIGHTS PB 46 -64, now incorporated as the south 135.96 ft. of
p Tract A, SCU`TTGATE CYAURE, be changed fron the present R -1 use to R -3 to permit the
construction of a motel on said Tract A, the balance of which is already properly
Eoned. This change in zoning is recommended without the formality of a hearing as
only.two property owners come within the scope of interested owners and both have
signified their agrees entl to the requested change.'
It is further recommended that as the general overall ;plan referred to above in-
corporates among other conditions the execution of covenants running with the lend,
that no certificate of occupancy be issued on the proposed motel until these covenants
are signed on the entire tract."
: There was an examination of the proposed plat, an explanation by Civabis Haley, architect
for the project, in which he agreed to the requested screening, and explained the
advisability at thl. Gime of amending only that part of the plat of OAK HEIGHTS:
Samuel Freedman spoke about his proposed development of the tract.
Mr. Maley questioned the last paragraph of the recommendation, re: the covenants . on
the entire tract. There was discussion on this matter between President Prebish and
Mr. Haley. Mr. Maley stated it would take time to work them out and would hold up
the motel if they cannot got a certificate of occupancy.
Mr. Brown, of the Zoning Board, stated they were anxious not to lose the overall
picture, they do 'want to knovr that some time in the future this plan is carried out.
It is not the Board's intcutivn to hold Pd r. Freodman up with a certificate of occupancy
but at the time have aome ,assurance that the balance will be gone on with at some Limo.
President Prebish rend the letter written by Mr. Freedman to the Z -oning Board, ro: his
plans.
George Brower, of the Zoning Board also stated that revoking the entire plat would
take time, but with a slight chango they could cloar up this particular matter and work
out the balmyco in the future.
Folloving further discussion, Councilman Carballo stntod in vier of the fact that 2
Bombers of the Zoning, Board havo nhovm it denire to cat it out, he malto the motion
(seconded by Cotinciitnan Corl(ry) -that the City grant tho appliC-.,.tion -but doloto the
laot paragraph in the BOttrd' s rocorumndation.
Councilman Androts, naeondod by CoanWilMn Cerlejr, moved that they :notion be tabled
until 'S ,PX,- of this ti►otin . 1101 ion carried.
D
Page - -2 -
:Re Ordinanco 11o. 219, caption of which f'ollous, President Prebish read the veto
message of Mayor Acker, as follows:
ORDINANCE NO. 219
A ^I ORDINAIWE AMElIDING ORDINANCE WO. 174�, WHICH
IS AN ORDI ?dJ CE REGULVING GARBAGE AND TRASIi
A11D PROVIDING IOR FEES -'FOR RIi,fOVAL OF SAED, BY
SUSPRV DING TIM PFOVIS IOI -IS O P SECT IONS 5 3: 6 OF
ORDINANCE NO. 174, It}R ME PERIOD JWTUARY 1, 1951
TO JUNE 30, 1951.
Mayor Aoker's letter
"Due to my earnest belief that the passage of Ordinance No. 219 is unwise and
unsafe in the matter of policy and is not to the best interests of the Ci-V and
its Citizens, I am compelled to exercise the authority vested in me per Section 10
of the City Charter and veto the said Ordinance No. 219.
Some of my objections are as follows .
1. The City is in far greater need of capital improvements than in tax
reductions or rebates.
2. It would ;place the City in a position of lowering its financial standing
with each increase of home_ ovmership.
Signed: Clayton 71. Aciulr, Mayor"
President Prebish then asked Mayor Acker if he wished to make a further' statement,
and I4Iayor Acker further clarified his reasons for the veto.
P. E Tripp asked for the reading of the ordinance for the benefit of thosevlho Ave
not heard it before and President Prebish read Ordinance No. 219 in its entirety.
Following discussion of funds collected and methods of handling same, Councilman
Andrews, seconded by Councilman Carballo, moved that they call for a new vote on
Ordinance No. 219 for the purpose of overriding the Mayor's veto. (calls for 5/7 vote)'
Following; further - discussion, motion carried by Poll, as follows:
Corley yes Proble no ;Carballo yes Gresham no Rebozo' yes Andrevis yes Prebish yes
President Prebish read Resolution No. 365, as follows'
RESOLUTION NO., 365
A R=, WTION APPROVIIJG AND ACCEPi'ING A PIAT OF SOUTi GATE
C�VT1tE Ei�CUTED SY SA *,=L B. IREEDI(1V A11D S'.LhtILEY ItHS`KIN,
PRESIDRTT AND SECRISTARY 'TREASU)RIn%, REJ- PECTI`IELY, Or SOUITHGAIE
CENTR8, II,C. , A i RIDA CUYI ORA` 10, , 021LT, 90 DIRECITUG
TIM 1`:AYOR Iu1D CITY CLEM Oi' AND ON "EIIALF 0 THE CITY
01? SOUTH riIWJ .TO A_ 7t t� ON SAID PIL T TI8IR RT aPECIII7E
SIZAtORBS AS J C 1 OFTZ CEt15 TOG2 IR WIT11 TIM CITY'S IL.
BE IT RESOLVED BY THL' VAYOR MW CITY COU'ItCIL O'' �LtE_ CIS` OIL SOUTH 11=111, 5101tIDAt
1 19=11F15, Sout110rito Gontro, Ine., a Florida Corporation, is t`no title holder
Of Lets 1, 9, 3, iortion of 4, Flock 4, Lots 10 2, 11 and 12, 31ock 3, and tract A,
dA1r 11;I °�iN, 1'13
46 -64, and
Pall e-- 3
2. WHEREAS, the said Southgato Centre, Inc., a Florida Corporation, has caused to
be prepared by Harry C. Schwebkp, rogisterod Land Survoyor, a plP;t of SOUTIiGATE CENTRE,
the same being a subdivision of the aforesaid Lots 1, 2, 3s portion of 4, Block. 4,
Lots 1, 2, 11 and 12, Block '9, and Tract A, OXC H>UGHTS, PB 46 -64, and
3. 1VHE AS, the said plat OfUi!IGATE CENTRE has been submitted, properly ex
ocutod by Sameu1 B. Freedman and Stanley Raskin, President and Secretary - Treasurer,:
respectively, of Southgate Centre, Inc., a .Florida Corporation, owner of said SOUTH
GATE CMITI'E, and
4. MEREAS, the Advisory Zoning Board finds that said plat conforms to all re-
quirements of zoning and right -of -way dedications, except the South 135.96 foot
thereof on which it has recommended a change of zoning to I R -'3, subject to the ful
fillment of certain planned screening, and
5. IMREAS, the .Advisory Zoning Board recommends the acceptance of the afore-
said plat subject to the fulfillment of the conditions, in reference to said screening,
6. WI-iEREASj the City Council has accepted in part the recommendations of the
Advisory Zoning Board, subject to said condition,
NOW, TiEREIORE, BE IT RESODI D BY THE IdAYOR AttD CITY COUNCIL OF SOUTH MIAMI:
1. That the said plat of SOUTAGATE CMITRE be and the same is hereby approved,'
subject to the fulfillment of said planned screening, and
2. That the zoning of the S. 135.96 `t* therefore be changed to R -3,9 and
3. 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.
Councilmen Carballo, seconded' by Councilman Corley, moved that Resolution No. 365
be adopted as read. Motion carried, c,
Councilman. Andrews, seconded by Councilman Carballo,:moved that the meeting be ad-
journed, in view of the regular meeting scheduled for tomor w night. Motion carried'
and meeting adjourned at approximately 9:45 P.m.
C .
ros!ideml , City C ouncil
ATTEST:
ity clerk