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1950-11-21 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR MEETING Or THE CITY COUNCIL OF SOUTH MIAMI HELD TUESDAY - EVENING, NOVID4BER 21, ALD. 1950 AT 'ME COMMUNITY BUILDING AT 8:00 P.M. The meeting was called to order by President Prebish with all members of the Council, Mayor Acker and Attorney Ruff responding to roll call. Minutes of the regular meeting of November 1 were approved as read. PETITIONS' & COMIUNICATIONS s a. President Prebish read a registered letter from Donald M. Nelson regarding the City's trash pit, especially insofar as,it presented a fire hazard to his own adjoining property. President Prebish reported that -upon receipt of the letter on 'November 14, he had written �Ir. Nelson an acknowledgment and, agreed to place it on the agenda for this meeting. Following discussion, concerning the Cityts liability and insurance ooverigg and the present plans for the garbage collection and d spoq#l, it was agreed that President Prebish report fully to Mr. Nelson. b. A letter from the South Miami District Chamber of Commerce regarding 'side- wales, was next read. Councilman Gresham explained that is one of their projects and the next step would be finding out about the necessary RA4 Following ;discussion on R/JV, lions and costs, President Prebish asked Councilman Gresham to serve as a oommittee of one to work with the Chamber of Commerce and report back at the next meetings c. A letter signed by J. E. Murray and others, as the oommittee fora former petition requesting a street improvement project in the colored section, was read. Following discussion, Resolution No. 369 was read, as follows RESOLUTION NO. 369 A RESOLUTION AUTHORIZING LOCAL IMPROVEXIINT H -20, BE IT RESOLVED BY THE I&A -YOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMIs 1. That the local improvoment described and designated as follows shall be made under Section 62, Chapter 13972, Special Acts of Florida as amendedi Re- building the following streets: N. 2nd, Ave. from N. 4th. St. to N. ith. St'. N. 2nd. Court and N. 3rd. Ave., each from N. 6th. St. to No. 8th. St. N. 5th. St. from 11 2nd. Ave. to 11. 4th. Ave. 14. 5th. Place and N 6th. St. each from 11.> 2nd. :toad to N. 4th. Avenue N. 7the St. for $00 ft. more or less from N. 4th. Ave. east N. 7th. Place from 3rd. Ave. to N. 4th. Ave., all in FRAMLIN 3UBDI'✓ISION PB 4-1, and /or acreke in 1M.s of ,Nile' of S1*, Section 25- 54-40, and all with a 6 -inch compacted limo rock baso, primod and sealed with asphaltic oils and treated with 3/4 inch white rook at an estimated cost of thirty -five cents (35!) par square yard. 20 That it is heraby,deolared vho intdht of this City council bo have such work done by City forces without- oontraat• Page-- 2 3. That the cost of such improvement`exeept intersections, the cost of which shall be borne by the City, shall be defrayed by a special assessment on all lots and lands adjoining and contiguous or abounding and abutting upon such streets as they lie w1hin the City limits of South Miami, on a frontage basis, which said property is heroby designated as Improvement District ,H -20. 4. That said special assessments shall be payable thirty (30) days after confirmation of such assessments or at such times and in such installments as the Council may designate pursuant to Chapter 13972, Special Acts of Florida 1929 as amended. Councilman Gresham, seconded by Councilman Preble, moved that Resolution'ro. 369 be adopted as read. he will come down there and go with the men and all the corners are established and Councilman Gresham reported that W. C. Bliss says how them where they are. Following further urther discussion, motion carriad by poll, as follows Corley yes Preble yes °Carballo yes Gresham yes Reboeo yes Andrews yes Prebish yes d. M• Frye h communication bmerely or, ©d to know what the committeeonthe pro P edcoloredyuthcenterhador t Following discussion on meetings and ;a possible site in the Gautier property, President„ Prebish instructed the committee to continue its work. • A 'letter from Bus Benches, Inc., re: locations of benches at certain non- bus-stops, was next read. Discussion re: advertising and non- advertising benches followed. President Prebish ;asked that Mr. Werner be notified to be at the next regular meeting of the Council, and Councilman.: Andrews stated a request from property owners should accompany the application. Councilman Andrews, seconded by Councilman Gresham, moved that they table the matter until the next regular meeting and put it on the agenda. Motion carriedr f. A written request from H. W. Vanderboegh, for a street light at the and of South 6th. Avenue at South 4th. Street, was read. Councilman Andrews raised the question of distance from the next nearest light, and Councilman Gresham said he would suggest letting Mr. Fuller of the Florida Pover Light Company check the matter. g. There were 2 recommendations from the Advisory Zoning Board, as follows: 1. , On the J. B. Slocum matter, the Board made the following recommendations he submit plans in accordance with pictures and letter he has previously submit that the action of the Zoning and Planning Board is to recommend to for the Boards approvals sly submitted Furuhor the Board advises the Council to have the City Attorney draw up a covenant to bo raeorded oovaring the operation of this said b pertaining toe usipess, particularly 1, Off-strout parking# 2o That servioo to the public shall bo Within the confines of the builditt N 3. Ito ;Juke Laic of 6Ay nAtu,ro. Page - -3 Under the above conditions the Board advises passage of the application of - Mr'. J. B. Slocum, in 'a C -1 Zone."-. Following discussion, Councilman Rebozo suggested the Zoning Board be asked to work on an off-street parking ordinance. Councilman Gresham, seconded by Councilman Andrevrs, moved they accept the recommendation of the Board. Motion carried, Councilman Carballo voting "nos " -'cY titer reaseq{,e prev"t :on o� j✓ke bow MVSjW- Oaa, in v,olar:j, o {- a o th+3 c si: Pvv�al r��ht1 2. The following letter ' was next read: "Re& Alexandra Bervy's nursery school - 409 South -2nd. Avenue. II This is to confirm the informal report of our Board in the above matter, made at your last regular maeting. It is the recommendation of this Board that Miss -Bervy be granted permit to operate a nursery school at her home at the above address, with renewal privilege at the and of twelve months if there are no complaints.'" h. A letter from William H. Keen, Jr and Dorothy C. Keen, was read, asking that their Tract 3 -C, ALTA TERRA REVISED be taken into the City limits, Councilman Carballo, seconded by Councilman Gresham, moved that Ordinance No. 22J}, caption of which follows, be placed on First reading in its entirety. Motion carried and Ordinance No. 224 read. ORDINANCE NO. 224 AN ;ORDINANCE, DECLARING THE INTENTION OF THE CITY OF SOUTH 311IAI -II TO ANNE'S TRACT 3 -0, s„ ALTA,TERRA, REVISED PLAT, PB 35 -26, PUBLIC RECORDS OF DADE COUNTY, FLORIDA. Thereupon, Councilman Andrews, seconded by Councilman Gresham, moved that Ordinance No. 2?, be placed on second reading by caption only. Motion carried and caption of Ordinance Na. 224 read. The Clerk was instructed to notify Mr. &Mrs. Keen of this action. . A letter from Mrs. S. M. Greene, re: some broken wator meters on her property and a R%W question adjoining her property in the colored section,.was read. Councilman Gresham was asked to look into this matter. J. A letter building signed by Clarence J. Landry and Cecile A. Landry, authorizing the lding permit 'fee to Porter- Wager- Russell, Inc. on his residence, on which he has been forced to drop his plans for construction, was read. Following discussion, Councilman Andrews, seconded by Councilman Corley, moved that the amount (909-00) be refunded. Motion lost by negative vote, polled as follows: Corley yes Preble no Carballo no Gresham no Rebozo no Andrews yes Prebish no _.- k. A second letter from Mrs. May D. Solms, re: permit for a trailer, was read. In it she asked for a temporary permit for _30 or 60 days, in which they wished to con- dition the trailer and sell it. Following discussion, Councilman Gresham, seconded by Councilman Proble, moved that Mrs. May Solms be granted a 60 day permit upon payment of a 110.00 cash bond guarantee- ing removal of the trailer within the said 60 days. P011owit16 discussion, Motion carri&le At this point recess was declared and business resumed at 10=35 with Councilman Preble- having been excused. Mayor:Acker reported on the temporary injunction served on him, and President Prebish read it in full It had been - taken out by one William Wallis against the City of S` outh Miami and its officials, in the. matter of the 1,750.00 payment to Councilman - Carballo. Councilman Carballo asked to be excused for a few minutes and took a seat in the audiences After discussion, Councilman Andrews, seconded by Councilman Rebozo, moved that Attorney Ruff be directed to proceed as expeditiously as possible in bringing this matter to a_ hearing and conclusion. Motion carried, with one negative vote (Councilmen Corley.) The Mayor next presented a financial report of cash receipts and disbursements for the preceding 4 mouths. This report also included the May and June cigarette tax money, received in July and August respectively. Mayor Acker also called attention to the drop in the cigarette tax for September, reporting monthly collections as follows: CIGARETTE TAX COLLECTION -: SUWMY OF REPORT: 3,156.19 May July 1 - Cash & Bank 58,645.57. 3,176.13 June. July 1 to Oct. 31 - Cash Receipts 51,672.32 4,460.98 July _. July 1 to Oct. 31 5,920.01 August Cash Disbursements 37,375.47 2,825.18 September __ Oct. 31 Cash & Bank 72,942.42 Total ng 19,53$.4 $ 1 .317.8Zj $170,317.89 Following discussion, re: added details and budget comparison, Councilman Andrews, seconded by Councilman Gresham, moved that the summary of the Mayor's tri- annual report be included in the reports of this meeting and the detailed report accepted as read. Motion carried• iMayor Acker presented a proclamation `br University of Miami Day, scheduled for November 22nd, Mayor Acker presented the resignation of Louisa Pencko from the Advisory Zoning and Planning Board, and Councilman Andrews, seconded by Councilman_Carballo, moved that the resignation be ' accepted. Motion carried. The City Clark was instructed to write a letter of thanks and commendation over the Mayor's signature. Mayor Asher .stated he would like to recommend John H. Montgomery to fill the vacancy oreated by Mrs. Peneke's resignation. Councilman Andrews, seconded by Councilman Gresham, moved that the Council ratify the appointment of John 11, Montgomery to the Advisory Zoning and Planning Hoard. Motion carried. Mayor Acker stated he had received another resignation from the Board but wants to talk with him firs'w Mayor Acker stated the City needs a fire prevention code. Can na coda be adopted by ordinance? Page - -5 Councilman Andrews stated the City adopted the unified building code in that manner. Mayor Acker stated if the City ever expects to get a fire classification, it must get a fire prevention code. i Councilman Andrews suggested letting Councilman Carballo, as fire Chairman, check it. , Mayor Acker asked y that it be put on the agenda for the 'nest meeting. Mayor Acker, in •connection with the Marshall Williamson property being partly used for a park, asked how about paying a token rental to cover taxes? Councilman Andrews, seconded by Councilman Corley, moved that a resolution be pre- pared to authorize paying a token rental to Marshall Williamson for 1950. Motion carried. With reference to the fire plug at No. 4th. Street and No. 5th. Avenue, Mayor Acker stated it had a wrong fitting and this would be corrected. Following discussion on installation of hydrants', Councilman Corley, seconded by Councilman Gresham, moved that the previous disposition of the matter on October 24, 1949 be hereby rescinded and that the City pay for the hydrant and installation thereof at Sunset Drive and No. lst. Avenue (per the map.) Motion carried by poll, as follows: Corley yes Carballo yes Gresham yes Rebozo yes Andrews yes Prebish yes The following bills were submitted for approval and payments City of Miami 5 Polior ceadio for November A. C. McGarey 9.30 Councilman Rebozo, seconded by Councilman Corley, moved that the bills be paid as read. Motion carried by poll, as follows: ey y y yes Rebozo yes Andrevis yes Prebish ye Corl• es Qarballo :es Gresham e Following discussion, Councilmen Carballo,, seconded by Councilman Rebozo, moved that the Decerber gas account go to Bob's University Service station. Motion carried. Councilman Carballo submitted a proposed resolution, captioned as follows: RESOLUTION NO. A RESOLUTION PROVIDING 10R THE ALLOCATION OF $5,000.00 -PPOPd THE, CIGARETTE TAX RETMiS FOR = YEAR 1950 -1951 10R THE BUILDING OV A I2RD STATION IMHEDIATMY ADJACENT TO THE PREGWT CITY HALL BUILDING ON ITs WEST SIDE. together with a sketch of the proposed building. The project met vdr h goneral approval and President Probish named Councilman Carballo as chsirirnn mid Councilman Jo,ndrews as a momber of a cormittee, the third member to be selected by tho Chairrm, to look into it Councilman Oresham statod that John Shuck, Jr. is still on the payroll at 0180000 and ho would like to raise him to 1900.00 per month. Page --,G' Councilmen Gresham, seconded by Councilman Corley, moved that John Shuck, Jr. bo increased to j'�200.00 per month, retro- active to November 15. Motion carried by poll, as follows: + Corley yes Carballo yes Gresham yes Rebozo yes Andrews ,yes Probish yes f In the matrer of refunds for garbage service payments, Councilmen Andrews, seconded by Councilmen Carballo, moved that the City Clerk be instructed to prepare refunding of garbage service fees paid beyond ,January 1, 1951, at �r4.00 per quarter. Motion carried by poll, as foilowss Corley yes Carballo yes Gresham yes Rebozo yes Andrews yes Prebish yes In connection with registration for the forthcoming municipal election in February,, Councilmen Gresham, seconded by Councilman Carballo moved that the Council authorize the sending out of notices re`: the registration books. Motion carriedo Attorney Ruff ruled that the 30 days in which the books are to be open, refers to 30 calendar days* The meeting was adjourned in regular order at approximately 12:20 A.M.,Wednesday, November 22nd. Pres dent, City Council ATTEST: City Cle rk