12962 i
RESOLUTION NO. 12962
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, that the execution and delivery
of that certain proposed agreement between ARTHREE, INC. ,
a Florida corporation,. and the CITY OF MIAMI BEACH,
pertaining to the grant of an easement to the City in `r
Lots 29, 30 and 231 of First Ocean Front Subdivision, and
to a restriction of uses on Lot 332 of said Subdivision,
and the terms of which are familiar to the City Council,
and that the -execution thereof is in the best interests
of the City and its residents, and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk and Finance Director be, and they are hereby
authorized and directed to execute and deliver said
agreement for and on behalf of the City of Miami Beach,
Florida.
PASSED and ADOPTED this 18th day of February 1970.
(Signed) Jay Dermer
Mayor
Attest:
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j (Signed) Ruth B. Rouleau
City Clerk-Finance Director
(S EAL)
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OFFICE OF CITY ATTORNEY-1130 WASXINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
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THIS AGREEMENT, made and entered into at Miami Beach, Dade
County, Florida, this day of February, 1970, by and between ARTHREE,
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INC. , a Florida Corporation, hereinafter referred to and designated as
it� ��$ "Arthree", and CITY OF MIAMI BEACH, a Florida Municipal Corporation,
1*0011 . �► ,�c � hereinafter referred to and designated as "City", the said parties and each of
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them acting for and on behalf of themselves, their successors, and assigns,
WITNESSETH:
That for and in consideration of the sum of Ten ($10. 00) Dollars,
and other good and valuable consideration, in hand paid to Arthree by the City,
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it is agreed between the parties, as follows:
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1. -Arthree shall grant unto the City a perpetual easement to
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Outlots 29, 30 and 231 of FIRST OCEANFRONT SUBDIVISION OF THE MIAMI
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Q BEACH BAYSHORE COMPANY, according to the Plat thereof recorded in
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Plat Book 9 at Page 78 of the Public Records of Dade County, Florida, for the
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purpose of constructing and maintaining on such outlots walkways, landscaping
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and beautification.
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W 2. Arthree agrees that Lot 332 of FIRST OCEANFRONT SUB- ►
a ins fifes, f�,
= DIVISION OF THE MIAMI BEACH BAYSHORE COMPANY shall not be use for
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any purpose other than walkways, landscaping, beautification, docks, piers
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0 handball courts, either with or without the construction by it on such lot of a
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tennis and yacht center recreational building which shall not exceed twenty-
three (2 3) feet in vertical height from grade and which, if erected, shall be in
accordance with the plans of Melvin Grossman, Architect, dated June 18th,
19691 and which building shall not be used for any purpose other than reception
rooms, lounge rooms, locker rooms, rest rooms, showers, dockmaster and
crew rooms and a tennis pro office and shop. . Arthree agrees that no food or
beverages shall be sold in such building aforesaid except for such as may be
sold through vending machines.
3. The City agrees that it shall construct and install walkways,
landscaping and beautification on Outlots 29, 30 and 231 and on all of that
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certain property situated and lying between the southerly line of Outlot 29
extended easterly, on the south, and the northerly line of Outlot 231 extended
easterly, on the north, the westerly line of Collins Avenue on the east and the
easterly line of Outlots 29, 30 and 231 on the west.
4. The City agrees that it shall, at its own expense, during the
existence of the easement referred to in Paragraph "1" hereof, maintain the
walkways, landscaping and beautification of and pertaining to all of the proper-
ty described in Paragraph "3" hereof.
5. It is understood and agreed between the parties that Arthree
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g shall retain all riparian rights and shall have full rights of ingress and egress
W in., over and across all of the property described in Paragraph "3", supra, for
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a the purpose of constructing and maintaining docks and piers in Indian Creek
along and adjacent to Outlots 29, 30 and 231 and shall have a perpetual ease-
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U ment and right of way to lay, install and maintain water, telephone and elec-
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trical utility lines and the terminal endings thereof in, over, under and across
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M all of the property described in Paragraph "3", supra, and shall have the
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J right to construct, install and maintain along the walkway, presently existing
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W along the westerly side of Outlots 29, 30 and 2 31, gear and storage boxes, of
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o a design to be agreed upon between Arthree and the City, for the purpose of
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servicing the docks and piers hereinbefore referr t04
a6. Arthree agrees to : .pay ' to the Cit a sum equal to the actual
cost for the original construction and installation of the walkways, landscaping
and beautification of all of the property described in Paragraph "3", supra,
but in an amount not to exceed the sum of $25, 000, 00. . All other costs of such
construction and installation shall be borne by the City.
7. The rights of the City, as hereinbefore set forth, shall be sub-
ject to and inferior to the rights of the holders of any mortgages presently of
record against said Outlots 29, 30 and 231 and Lot 332 of FIRST OCEANFRONT
SUBDIVISION OF THE MIAMI BEACH BAYSHORE COMPANY,
8. . It is agreed between the parties that all of the provisions
herein relative to the usages of Outlots 29, 30 and 231 and of Lot 332 of FIRST
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OCEANFRONT SUBDIVISION OF MIAMI BEACH BAYSHORE COMPANY, as
hereinbefore set forth,shall constitute and be covenants to run with the land.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in their respective names by their duly designated
officers the day and year first above written.
ARTHREE o 'da Corporation
President
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ecretary
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CITY OF MIAMI BEACH, a Florida
a Municipal C rpor do
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By
U Mayor
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W City Clerk and finance Officer
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w, 'STATE OF FLORIDA )
COUNTY OF DADE ) SS. :
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U I HEREBY CERTIFY that on this day, before me, an officer duly
o authorized in the State aforesaid and in the County aforesaid to take acknow-
3: ledgments, personally appeared ROBERT BLUM and MERWIN ROSENBERG,
well known to me to be the President and Secretary, respectively, of ARTHRE ,
INC. , a Florida Corporation, and they acknowledged to me that they executed
the above and foregoing instrument freely and voluntiarily under authority duly
vested in them by said Corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this day of February, A. D. 1970.
My Commission Expires:
rum",, QeNet VF. F609111A ai 6Miltu
Notary lic, State of Florida at Lang
Iv1 t COMMISSION EXPIRES FEB.21, 1972
tlONDED THROUGH FRED W. DIIIIESTELMORSO
STATE OF FLORIDA )
COUNTY OF DADE ) SS.
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments, person-
ally appeared JAY DERMER and RUTH ROULEAU, well known to me to be the
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Mayor and City Clerk-and Finance Officer, respectively, of CITY OF MIAMI
.BEACH, a Florida Municipal Corporation, and that they severally acknow-
ledged executing the above and foregoing instrument freely and voluntarily
under authority duly vested in them by said Corporation, and that the seal
affixed thereto is the true corporate seal of said Corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this /� � day of February, A. D. 1970.
Notary Publ' , to of Florida at Larg
My Commission Expires: `
Notary Public, State of Florida at
FJIy Commission Expires Jan. 13, 1971
Bonded by Transamerica Insurance 'Co.
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HG CTI---MEMO ROUtI SIIPr ( for Appro"als, Disa proval A
ON ---I
Concurrences, or Similar Actions �
TO _--- -- INITIALS CIRCULATE
Mrs. Carla Talarico _
DATE ACKNOWLEDGE
WIT-THANKS
2 — --
RILE
FYI
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NOTE AND
RIETURN
PER CON-
VERSATION
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SEE M!
PROCESS
REMARKS
e. ' Rules and Special Events - naming of Carriage
lub Park. . .
See the attached agreement. From this it would "appea
to me that it is still private property with an
easement to the City for park purposes, so they
could name it what they want. I'm sure you'll
ant to check it out.
PROM
DATE
laine M. Baker, City Clerk 8/3/88
PHONE
GQunci f- Minutes -- 12/17/d9 Page 9
darkroom, photographic work, and to be used strictly for etching and copy work.
Mr. Irving Stern appeared in support of his request for variance which had been
granted. Following brief discussion, Councilman Greene moved to approve the variance
as granted by the Zoning Board of Adjustment. The motion was seconded by Vice-Mayor
Weinstein and carried unanimously.
Councilman Magnes requested that several items on the agenda be held over to
January 7, 1970, and the Council agreed to put over the following matters:
Approval of Zoning Board of Adjustment variance granted to
Arthree, Inc. , 5401 Collins Avenue (Council Memorandum
No. 2461) .
Consideration of proposed ordinance amending Chapter 17 of
the Code by adding a new-section thereto requiring certain
hotels to employ security guards or watchmen.
Zoning Reform - abolish present Zoning Board of Adjustment -
create professional Planning and Zoning Commission - no
appeals to Council , appeals only to the courts.
Hearing to consider Arthree, Inc. , request for the City to
deliver quit-claim deed fora strip of land between Outlots
29, 30 and 231 , inclusive, First Oceanfront Subd.i.vi s ion,
and the westerly line of Collins Avenue, reserving perpetual
easement for all utility purposes.
Construction of low-cost housing to meet need of low income
residents.
Consideration of an ordinance amending Ordinance No. 1795, to
make a provision to permit tenants of buildings for which
final certificates of occupancy have not been issued, to move
in their furniture prior to occupancy thereof.
Discussion followed regarding the urgency of the Council 's immediate consideration
of the last item above mentioned. Mr. Magnes stated that he expected to return' to the
Council Chambers by 6:00 P.M. , and the Council agreed to defer consideration to that
hour.
:Attorney Daniel Neal Heller appeared and requested that a hearing which had been
scheduled to be heard at 2:00 P.M. , be deferred to 3:00 P.M. . Council agreed to defer
the hearing on the request of Adelphi Business and Tutoring School , Inc. , for a permit
to operate a private school at 7811 Carlyle Avenue.
At 1 :55 P.M. , THE COUNCIL TOOK A RECESS UNTIL 3:00 P.M. -
.At 3: 10 P.M. , the meeting was reconvened with a 1 1• members of the Council present
except Mayor Dermer and Councilman Magnes. Also present were City Manager Clifford W. O'Key,
City Attorney Joseph A. Wanick, Assistant City Manager Frank R. Spence and City Clerk
and Finance Director Ruth B. Rouleau,
Vice-Mayor Weinstein presided and called the meeting to order.
The Clerk presented proof of publishing notice of application for transfer of
liquor license, a l so transfer of night club 1-i cense, on behalf of the Tropical Bar,
616 Collins Avenue.
The form of said notice is as follows:
(Here appears notice of .hearing)
Upon recommendation of the City Manager, Councilman Powell, moved that the appli-
cation be approved and license authorized, subject to a final favorable report from
the F.B. I . . The motion was seconded by Councilman Ciment and carried unanimously.
The Clerk presented proof of publishing notice of application for transfer of
liquor license on behalf of the Camelot Restaurant, 160 Lincoln Road.
The form of said notice is as follows:
v'
(Here appears notice of hearing)
The City Manager stated that. al 1- papers are in order, but that there is a def i-
ciency.oi several thousand dollars in resort tax payments owed by the former owner. He
said that attempts are being made to recover this sum, but that it would not be in order
to withhold the license of the new applicant for this- reason.
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Vic u, 11,1yor LV��iri.,i��iri vul(;cl lor": Mr. [:irrl I r-Inoy
f , Counc,i
1111,111 (;r o(.:rrc vc)IOd I car: Mr. Irdw i n I!. f i i sf�o,�
Counci Init-in Goo'dmOn voted -(or: Mr.. Aaron Farr
The Clerk announced that no one had received a majority of the votes cast.
Counci Iman Ciment nominated Mr. Stanley Segal .
Counci Iman Magnes nomi-nated Mr. Ted Cohen.
Vice Mayor Weinstein nominated Mr. Earl Pertnoy.
Councilman Greene nominated Mr. Edwin H. -Bishop.
There being no further nominations, Mayor Dermer declared the nominations to be
closed.
The Council then submitted their ballots, in writing, to the Clerk, with the
following results:
Councilman Ciment voted for: Mr. Ted Cohen
Councilman Greene voted for: Mr. Edwin Fl. Bishop
Mayor Dermer voted for: Mr. Earl Pertnoy
Vice Mayor.Weinstein voted for: Mr. Earl Pertnoy
Councilman Powell voted for: Mr. Stanley' Segal
Councilman Magnes voted for: Mr. Ted Cohen
Councilman Goodman voted for.: Mr. Ted Cohen
The Clerk announced that no one had received a majority of the votes cast.
Councilman Powell nominated Mr. Edwin H. Bishop.
Vice Mayor Weinstein nominated Mr. Earl Pertnoy.
Councilman Ciment nominated Mr. Stanley Segal .
There being no further nominations, Mayor Dermer declared the nominations to be
closed.
The Council then submitted their ballots, in writing, to the Clerk, with the
following results:
Councilman Goodman voted for: Mr. Stanley Segal
Mayor Dermer voted for: Mr,. Earl Pertnoy
Councilman Greene voted for: Mr. Edwin H. Bishop
Councilman Ciment voted for: Mr. Stanley -Segal
Councilman Magnes voted for: Mr. Edwin H. Bishop
Vice Mayor Weinstein voted for: Mr. Earl Pertnoy
Councilman Powe-1 1 voted for: Mr. Edwin 11. Bishop
The Clerk announced that no one had received a majority of the votes cast.
Mayor Dermer suggested that this matter be deferred until all the other matters.
on the agenda have been completed.
Councilman Powell requested that a vote be taken to determine whether this was
the consensus of the Council and upon call of the roll it carried by a vote of 4 to 3,
Mayor Dermer, Vice Mayor Weinstein, Councilmen Greene and Magnes voting in favor of
deferring the appointment. until all the other matters had been completed, Councilmen
Ciment, Goodman and Powell opposing.
The matter of the construction of the Theater of Performing Arts and Convention
Vial I Wraparound was presented.
Mayor Dermer said that in view of the fact that the matter of the validation of
the bonds was coming up in the Supreme Court in Tallahassee on Friday, January 9th,
he requested that this matter be placed on the January., 21 , 1970 agenda for Council.
action.
Mayor Dermer said that the hearing on the relocation of a portion of North
Bay Road which had been requested by Mt. Sinai Hospital was cancelled at the request
of the Hosp i to I .
Discussion resumed on the hearing which was continued from the December 17, 1 969
meeting regarding the request of Arthree, Inc. for the City to deliver a quitclaim
deed for the strip of land between OutIots 29, 30 ,`and 231 , inclusive, First Ocean
Front Subdivision, and the westerly Tine of Collins Avenue, reserving a perpetual
' easement for a I I utiIity purposes.
Counci I M i nu-I-e I/7/70 Ragc 11
Nr. .|.mms ko|`y, o| iv�nwy for s1.1N`or1. of |h() r,quns ��
, tho Cl1y||o md^ud Mr, John |h|` | ic Uirndor/ |n his npin�un,
`my ocx�d [nr 1h| � propur|y nuw orin 1ho forosuoub |o �u |uro for h|Ohway or road
puryos�s und Mr. Bu/_yoo|�ur sa| d not 10 h(s know |ndOo but 1hut the City shou | d rofain
an oasnmant fm' uI-i | ||y purp000s.
Mr. Ruby oskod Mr. ||uru|d Tou| , P|unn| nU and ZoninO Diroo1or, whuUmr, in his
opinion, tho City h0s any noed for -this proporfy now or in the foreseeable future for
highway or road purposes and Mr. Tool said not to his know |edgo,
Mr. Ruby said that of the time he had' requosfed a quitclaim deed for this `
property he had been of fhe opinion, according to | nYormaf|on he had received from
the Sfofo Rood Department, that this property was owned by the City. He said that
since that fimo he has conducted a title search which has disclosed fhmf 'fhe City
merely has o perpetual oosomonf for public road right-of-way purposes from the
Trustees of The Internal Improvement Fund on this property and some additional property
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and if provides that if the property is not being used for road purposes it reverts
back to the Internal Improvement Fund. He said that the City is apparently not
in o position to grant his client what �as originally requested and since the C|fv
is not using this land for rood purposes, he was requesting that the Council abandon
the property to the | | Board and then his client would proceed before that body, |
Mr. Albert Pm| |of appeared in opposition to the request. He said that the
City only has on easement for road and highway purposes and beautification.
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Vice Mayor Weinstein said that some time ago he brought to the attention of
the Olfv Manager who had referred the matter to Mr. Poulos, Parks and Recreation
Director, the deplorable condition of the sfnaef and ouf|ufs from 26th Street north.
. He said that a preliminary survey was made which indicated that in order to, make this
street and the east side of Indian Creek the type of area desired., it would necessitate
the City obtaining from the upland owners title to the ouf|ofs from 26th 3freof
northward for a promenade or ma|econ, whith would be under the supervision, direction
and control of the C-ity. He said that the upland owners would retain free access and
,easement across the property and would retain their riparian rights. He said that
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this had been recommenda b . Mr. Poulos and at that time the C|fv was considering
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beautifying that portion of the sfnaaf. He said that before receiving the information
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regarding the status of the fif|g to this property, he had anticipated that the
City would retain fif|a to this particular piece of property and use if as a start'
and request title to the other ouf|ofs from the up|and .owners so that the C|fv could
begin to construct the ma |econ.
In response to o statement mode by Counol |man C|menf that the Clfv has no
jurisdiction f o act in this matter, C| fV Attorney Won l k said that the City has
nothing to give Mr. Ruby and his clients .
Councilman Magnes said that the C|fv should go on record- to the | | Board that
`|f does not intend to abandon this property .
Councilman Greene said that he had spoken to some of the high-rise owners along '
Collins Avenue regarding the proposed mo |000n and they are willing to deed these
ouf|ots to the City in exchange ,for the C|fv /s giving them on easement and maintain-
ing the landscaping. He said that the City should go further than notifying the
| ( Board that. the Clfv does not intend to abandon the property. He said that the
C|fv should advise the | | Board of its plan to beautify this strip and maintain if
and request them to deed this particular piece of land to the City.
Councilman Magnes moved that the Council go on record to the effect that it
does- not want to abandon the property in question and that the \ | Board be advised
of the City's need for this property for ufl | |fv purposes, and to further request
from the | | Board and the State Road Department a quitclaim deed to the property
to enable the City to use the proporfy as 'part of a major plan to acquire all out-
lots along Indian Creek from this area south to 26th Street, for the purpose of
constructing a ma |aoon. Councilman Croana s000nded the motion and requested that
this action be taken as expeditiously as possible.
Mr. Ruby said that after conferring with his clients fha Carriage House w| | |
be the first property owner to deed the out|ofs to the City. He said that in
connection with fhis, there is before the Council also Council Memorandum No, 2481
concerning m variance granted -to 8rfhroo Inc. , 5401 Collins Avenue, Zoning Fi |e4,
#569-8, Ouf|ofs 2.9, 300 231 ^ and 332, First Oceanfront Subdivision, being in
substance as follows:
Request: Variance for permission to erect o chain link fence |O` high
around tennis courts.
Zon/ng Board At meeting of December 5, 1969" Zoning Board of Adjustment
Action: unanimously by n 4-0 vote., Mr. Schechter abstaining, .
granted a variance for pur i sion fo orocf o chain link
fonco 10' high for 1onnis ociurts, in accordance with a
|-puga plan drawn by aroh| 1oof, with the condition I-hat
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construct(on w| | | commence, wi |ih| n 6 months, Of tor C|1y
COMIC i | npyrnva| , with a fur|hor cond i |ioil thuI n canvas
cnvor{ng he ponni11od |o bo ormc.I-od 1woon 2 to 6'
uimvu Uhu ground.
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f 9 r . I�r r l a y :,-l i.c.l I h;r l I u 1 J-) i �on( d "I�I:/1" sand i:r h 1 �jh-r i :.,c1 Lip-jr-1 m��nt bu i I d i ng cou I d
I)e I)u i I I CNn fh;_i{ I c.�I' w i I h�?u l ��ny �a�:::l i�_�n by .I-ho Counc:i I bu l i ( the v�ar i rar7c:c for ��
1 0, fence c1round I hc: l c�nn i � cour'-I L i, ;;approved, -I ho fil i cour l w i I I h�� con-
struc-f cd ai lot 332 cind it w i l l no t be, u,)od for high-r i e and hi, c I i cnts
w i I I deed out I c�l�� l�), "0 and 231 -t:o the. C i -1 y for be au�t�i .f i c,�.l.i on purl)osCs, rc c ry i rig
I ho r i ght of i ngr'css and egress. He said that they would bc. �au1-i f y -there ou-11 o-l-s at
their expense in accordance with any plan se-t- forth by the City's Parks Director.
I-le said -that they would execute any document required by the City Attorney restricting
the use of lot 332 so that it could never be used to construct a building thereon.
Councilman Greene asked Mr. Ruby whether his clients would join with the City in
its request 'to the S t a t e Road Department and 1-he 11 Board for a q u i t c l a i m decd to
the City to clear up the title to the strip of land between Outlots- 29, 30 and 231 ,
and the westerly line of Collins Avenue and Mr. Ruby said that they would.
In response to questions posed by Councilman Greene, Mr. Ruby said that They
would be willing. to put hedges 10' high all around the fence and maintain them. He
said that although they would be willing to put hedges 10' high around the tennis
courts without 'the fence, the Zoning Board -granted the variance for the 10' fence
and the Council does not have the authority to vary from the variance granted by the
Zoning Board.
Upon being asked for his opinion and recommendation, Mr. John Poulos, Parks
and Recreation Director, said that his Department believes very strongly that all
the outlots should be aesthetically treated, with the entire area eventually be-
coming part) of the entire plan He said that the City must have direct control of
the outlots that adjoin the Creek if the plan is to be put into effect.
Vice Mayor Weinstein asked whether the restrictive convenant which Arthree Inc.
would .agree to enter into with the City that they would never build on Lot 332,
could ever be lifted and the City Attorney said that it could not withoutjthe consent
of the City.
Councilman Greene asked whether the City could buy for a consideration of $1 .00
or similar amount, an imposed restriction running with the land that Lot 332- could
never be built on and Mr. Wanick said it could.
The roll was then called on Councilman Magnes' motion and it carried unanimously.
Mr. Jack Abbot appeared on behalf of the Miami Beach Taxpayers Association and
said that the Association was in favor of the City's retention of the strip of land
under discussion.
The Council then proceeded to discuss the variance for the 10' fence around
the tennis courts which Arthree Inc. had requested and which had been approved by the
Zoning Board.
Mr.. Ruby gave the Council the background on the variance and explained that when
the original variance was granted for the Carriage House, the tennis court fence was
omitted from the plans so that they now require approval of the variance for this
10' fence since 5' is. the height limit permitted.
Upon being asked for an opinion as to what action the Council should take re-
garding the variance since it presently applies to Outlots 29, 30, 231 and 332 and
if the Council should approve the variance it would only be approved on lot 332,
Mr. Wanick said that the variance before the Council would have to be modified to
delete the portion referring to Outlots 29, 30 and 231 but Mr. Ruby was .correct when
he stated 'that the Council does not have the authority to modify any variance. He
said that the 'Council can only affirm or deny the one that the Zoning Board of
Adjustment approved. He said that the best action the Council could take at 'this
time would be to defer action on the variance in order to give all interested
parties an opportunity to consummate the transaction.
Councilman Magnes moved that the variance granted by the Zoning Board to
permit the erection of a chain link fence 10' high around tennis courts, Outlots
291P 30, 231 and 332, First Oceanfront Subdivision, be disapproved without
prejudice so -that the applicant can then make an application for the same variance
on lot 332. The motion was seconded by Councilman Greene.
Upon being asked for his suggestion by Councilman Greene, Mr. Ruby said that
he would suggest that the Council follow the recommendation of the City Attorney
and defer action on the variance until all the papers can be drawn up and tl-ie City
will have title to Outlots 29, 30 and 231 and if the variance is then granted., it
can only apply- to . 332 since they would no longer own the other lots .
Councilman Greene withdrew his second to Councilman Magnes ' motion.
Mayor Dormer surrendered the Chair 'to Vice Mayor Weinstein and seconded -the
mot i on and upon ca I I of -the ro I I i t f a i I od of passage by a vote of 2 -to 3, Mlayor-
Deriric:r and C;��unc i I rn err [�I��gncs vo l i rig i n favor of ° the rnot i on, Vice Mayor We i ris-lc i n,
Councilmen Greene and Powell opposing and Counc4. 1men. Cimont and Goodman'-possing.
Counc i I man C i rnent i riS trucl-ed .1-he Administration to coni.act a l l 'I he properly
owners on Collins Avenue and 1 n(i i an Creek Drive .from 54 th Street to 26-I-h St.rcelt,
sand advise, f horn o( i hc; (:i I y's propo��ed l) fC. I o beaLlt i fy the oil t 1 o-ts and to construct
a m;a 1 aeon and to <a:;cor-1(-..a i n whcflher -I ho propor-1 y owner's would be w i I I i ng -I-o deed
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lli ou I I o I 'I o .I he (,'I I y in cxc;hi,.iiicy� for l hc.: G i '1 y's cl i v i n�j I hc:ni on (c.;r cyro
and into c;s�, �1nCI r��l err l i can o'(' r i I��:�i.i.,n r i c)h l 5.
MAYOI\l D[RiMt:R ASSUMhU THE CHAIR.
ry
Counc i I man POW0 I I moved to clef cr action on the variance un l i I the City
Attorno y and the owners of the property prepare Hie necessary agreernent and
covenant as Suggested by the property owners. The motion was seconded by Councilman
Greene and upon ca I I of The ro I 1 .f a i I ed of passage by a vo1-c of 3 To 4, V i ce Mayor
s Weinstein CounciIrncn Greene and PoweII voting to favor, Mayor Dormer, Councilmen
Ciment, Goodman and Magnes opposing.
Councilman Ciment moved to defer action on the variance until January 21 ,
1970, with no instruction regarding the preparation of papers and agreements, so
that the Administration may have an opportunity to contact the owners of the other
outlots to ascertain whether they would be agreeable to deeding the outlots to the
City for the purpose of constructing a malecon. The motion was seconded by Council-
man Magnes and upon call of the roll' carried by a vote of 5 to 2, Mayor Dormer and
Councilman Goodman opposing.
Council Memorandum No. 2357 was presented regarding a request for a 6-month
extension on a zoning variance granted by the Zoning Board of. Adjustment to
Solomon Landman, 1680 North Bay Road, Lots 6 and 7. Block 42, Alton Beach Realty
Belleview Subdivision, So. 1/2 of Lot 14 and all of Lot 1.5, Block 41 , Belleview
Subdivision.
Upon ascertaining that no one was present on behalf of the applicant, Mayor
Dermer said that with no objection from the Council he was ordering it removed from
the agenda, to be placed back only at the applicant's request.
The hearing to consider amending the Zoning Ordinance to reclassify properties
between 4th and 6th Streets from Ali-on Road to Ocean Drive, which was continued from
the December 10, 1969 meeting, resumed.
Council Memorandum No. 2268 re. Fifth Street rezoning, and Planning Commission
recommendation was presented.
City Manager O'Key recommended that this hearing and the related hearing on
relocation of liquor licenses. within Fifth Street right of ,way (Council Memorandum
No. 2269) be deferred.
I On motion of Councilman Ciment, seconded by Councilman Magnes, unanimously
carried, the hearing, and all attendant matters, was continued to March 18, 1970',
at 3:00 p.m.
Councilman Magnes said that he was not familiar with this matter and that he
would like a long briefing -session with the City Manager prior to the time when it
will be considered so that he can be advised regarding this subject.
The matter of Rent Control Ordinance No. 1791 now in litigation then came up
i for discussion at the request of Councilman Magnes.
It was ascertained that the ordinance had not been included in the Council
package and, therefore, according to the new rules adopted by the Council , it could-
not be considered at this meeting.
On motion of Councilman Powell , seconded by Councilman Greene, unanimously
-carried, discussion on this matter was deferred -to January 21 , 1970.
Councilman Magnes requested the City Manager to place his proposed ordinance
concerning rent control on the January 21 , 1970. agenda for Council action, at
3:30 p.m. He said that his .proposed ordinance had been distributed to the members
of the Council prior to this meeting.
The matter of naming a preliminary planning group to prepare bids in order tcai
obtain the Democratic and Republican National Political Conventions for 1972 was
presented and Mayor Dermer requested that it be placed on the January 21 , 1970
agenda for action.
On motion of Councilman Powell , seconded by Vice Mayor Weinstein, unanimously
carried, the City Manager was requested to place this matter on the January 21 , 1970
agenda for action.
Mr. John Temple appeared and referred to a letter which he had sent to the
Mayor wherein he had objected to the fact that .registered voters and freeholders were
entitled to a lower annual fee for a golf permit than other bona fide residents of the
City. He said that whether a resident is or is not- a registered voter should have
no bearing or connection with golf fee rates Ile said that al I permanent residents
of hhe C i`I.y are ent i t I ed to the same p r i v i I eges 'at any city-owned rand operated f ac i I i ty
under the same, conditions and -terms as are ava i I ab I e To any other permanent resident,
whc;ther frcc;holder or regi-�;-tared voter. lip. requc ted that the Counci I rescind the
action taken in Septembor, 19Gf3 when it approved the new fee. schedu 1 c and restore
the roqu i romon-1 which were in ox i s-forice, p.r i or thoreto.
The mauler of an. a I tornate proposed ordinance amending Chapter 17 of -the Code
by adding a new section thereto, requiring cortain hotels, apartment houses and
apartment hole Is to empIoy socuri-ty guards or watchmen was cons idored.
Mayor Dermer said that there is a case pending in the City of Hollywood with an
injunction that. has been granted on a similar ordinance and he suggested that this
matter be deferred until that case has been determined.
Councilman Magnes said -that he had proposed this ordinance and in his opinion it
is a necessity and he did . not think it necessary to defer consideration of the ordi-
nance pending a decision in the Hollywood case.
Mr. O'Key said that at the last meeting the Chief of Police had been requested
to visit a number of the problem.areas and recommend to the Council what he thought
would be necessary requirements to be incorporated in the ordinance. He said that
Chief Pomerance has indicated that he is not yet prepared to report on this matter,
but he would be ready with his report no later than the next meeting.
Councilman Magnes said that he was ready to vote on this ordinance; that he
did not feel that any report from the Police Chief is necessary.
Councilman Powell moved that this matter be .deferred to February 4, 1970, at
11 :00 a.m. The motion was seconded by Councilman Greene and carried by a vote of
6 to I , Councilman Magnes opposing.
FCouncil Memorandum No. 2461 was presented regarding a variance for permission to
a chain link fence 10' high around tennis courts on Outlots 29, 30, 231 and 332,
Oceanfront Subdivision, Arthree Inc. , 5401 Collins Avenue, which was deferred
from the January 7th meeting so that the Administration would have an opportunity to
contact the owners of the other outlots on Collins Avenue and Indian Creek Drive from
. 54th Street to 26th Street to ascertain whether they would be agreeable to deeding the
outlots to the City for the purpose of constructing a malecon.
Mr. James Ruby, attorney for Arthree Inc. , appeared and requested the Council
to approve the variance that was granted by the Zoning Board for the 10' fence around
the tennis court. . He said that as stated at the last meeting, the tennis courts will
be placed on Lot 332 which is presently zoned "REA" Multiple Family.
Mr. O'Key said that the Administration was instructed to survey the entire Collins
Avenue outlot frontage afong Indian Creek to ascertain whether the property owners
would be inclined to- participate in the construction of. a malecon and the survey is
underway. He said that all the property owners have been contacted but all have not
responded: He said that those who have responded were encouraging in their response,
a but indicated that the mortgagee would have to agree. He said that the City is in
effect encumbering mortgage property by this course of action.and this is an addi-
tional problem that will be encountered.
Councilman Ciment said that in view of the fact that the report requested from
the Administration is not complete, insofar as he was concerned, the Council was in
the same condition today as they were at the last meeting because he would not take
any action until he knew from the property .owners what their desires are.
Mr. O'Key said that at the last meeting the Council had requested that the
Administration proceed immediately to indicate to' the II Board the City's .position
regarding the strip of land lying between the east line of Outlots 29; 30 and 231 ,
Ist Oceanfront Subdivision, and the west line of Collins Avenue, to the, effect that
the City does not .want to abandon the property in question, and further requesting
a quit claim deed to the property to enable the City to use it as part of a major
plan to acquire all outlots along Indian Creek for the purpose of constructing a
malecon. He said that the City Attorney had prepared a resolution to this effect
and requested Council consideration of the resolution.
Mr. Ruby said that they would abandon their plans to build .a two-story building
on Lot 332 and will only build the tennis courts thereon if the Council approves .the
variance for the 10' fence. He said that they will beautify this area so that the
fence and the tennis courts cannot be seen from the streets. He said that if they
cannot build the tennis courts on Lot 332 because the variance for the 10' fence is
not approved, they would be forced to construct a .high-rise building on this lot.
Vice Mayor Weinstein said that until approval of the mortgage company is
obtained to deed the outlots to the City, Arthree Inc. wants approval from the City
Council of the variance to construct a 10' fence around the tennis courts, which would
be landscaped in accordance with plans and specifications drawn by the Parks Department
of the City and Arthree Inc. would permit the City to landscape outlots 29, 30 and
231 . He said that he would suggest that the landscaping of these outlots in addition
to the landscaping of Lot 332 be at the expense of Arthree Inc. but in accordance
with plans dr=awn by the City's Parks Department and this could be the commencement
of a ma I et-on. Ile said that in add i t'i on he wou I d "want Lot 332 rezoned so that no building
could be cons I-ructed -1 her eon. I]c sa i d that the record shou I d re f I cct the of.[0-r of
Arthree Inc. to obtain proper approval from the mortgage company of the.offers made
at this meeting. He said that based on the offers made by Arthree .Inc.., and the fact
that it would prohibit further high-rise development on Lot 332, he would be willing
to make; a motion to approve the variance.
Mr. Simon Rubin appeared and said that he represented the Taxpayers Association,
the Presidents Council , the Civic League, and -various other organizations, and was
opposed to the approval of this variance.
Council Minutes 1/21/70 Page 8
Cour,ci I roan C11110111' moved to dbfer th i s ma-ltor to 1-1101 ilex I which chi rig, so that ttheat
/1dm i n i si�r�,�t-i on m�,y su�rn i't' �f•hc rcporl- on ma I ocon construction of a vote.
tl,e I ast moe�t-i ng. Counc i I man M�,gnes seconded the e rmOarr Motion I aevotepof 015 to 2, Vice
The roll was then called on the motion and Mayor
Y
Ma or Weinstein, Councilmen Ciment, Goodman, Greene and Magnes voting in favor, y
Dermer and Councilman Powell opposing.
' Councilman Powell said that the Counc i•( should I d take action on the
In voting
variance now since what Arthree Inc. has proposed is to the advantage of the Manager vari
Afi-er the vote was completed Councilman Powell 4th meeting all pertinent data avail-
able the Council package for the February 9
able so that the Council. will be prepared to act at that time.
when he was in Tallahassee he went to the Department of
Mr. Wanick advised that
Transportation and to the Trustees of the Internal Improvement Fund in
road connection
on
with the perpetual easement granted by the trustees saidthatebothyagencies manifested a
Collins Avenue opposite the Carriage House. He
highly cooperative attitude and he was as of their desire to render every
9 Y
assistance in seeing that this property resolutiontmustebe submitted to them, and he
as the Trustees are concerned, a formal
re uested that .the Council adopt such a resolution which he ted presentdand that this.
q
Mayor Dermer advised that the entire Council was no o n g p
would be considered during the afternoon session.
At 12:55 p.m. ,
on motion of Councilman Greene, seconded by Councilman'Goodman,
unanimously carried, the Council took 'a recess until 2: 15 p.m. on the same ay.
he meeting reconvened with all members of the Council present.
At 2.35 p.m. , t g City Attorney Joseph A. Wanick,
Also present were City Manager C-liff-ord W. O'Key, Y
City Mana er. Frank R. Spence and City Clerk and Finance Director Ruth B.
Assistant y . g ..
Rouleau.
Council Memorandum No. 2518 was presented containing the recommendation of the
q trat ion for approvar-.of issuance of s.i gn permits at the fo I I ow i ng I ocat i ens
Adminis
I 2) 6770 Indian Creek Drive
1 ) .I 130 Li nco.l n Road
al 3) 7125 Abbott Avenue
uestioned.,�" Mr. O'Key said that the Administration recommended
' Upon being q _ .
approval ..
• f Vice Ma or W®inst®in, seconded by Councilman Greene, unanimously .
On motion o Y
carried, the sign permits were authorized.
:,.
f
Council Memorandum No. 2519 was presented concerning an award of contract or
jl 29 half-ton pickup trucks, and the bids were read as follows:
BIDDER
EACH TOTAL BRAND/MODEL **OPTION A/C
in Chevrolet . 1753.32 50,846.28 CHEV_CS10934 YES 294.86
Potamk
' Deel Motors 1864.98 54;084.42 GMCDCS105934 NO 295.00
*Hunt Truck Bid "A" 1870.00 24,310.00 NO 259.96
Friendly Ford 1895.70 . 54,975.30 FORD-FI00 YES 281 .20
*Hunt Truck Bid "B" II
1980.00 31 ,680.00 GMC-CS154 00D NO 278. 16
International Harvester 2036.40 59,057.34 INT.
* Hunt Truck submitted two bids:
bid "A" for 13 trucks now i n stock and
Bid "B" ' for sixteen additional trucks which would be ordered if awarded.
* " " indicates that additional purchases could be made by the City
* OPTION. Yes
at the bid -price for a period of s i x months from date of original order..,.
"No" indicates that additional purchases at bid price would not be acceptable.
'
DELIVERY: '
All I proposals
state 30 to 45 or 60 days delivery except Bid "A" from
Hunt Truck who can deliver trucks now in stock within 5 days ( 13 trucks .
' Mr. O'Key said that the Ad
ministration recommends that the trucks be purchased
• the low bidder meeting specifications.
from V i c Potamk i n Chevrolet,
ilman Ma nes said that he had recei"ved correspondence concerning ethis
d
Counc g
m,)tter and had also had d i scuss i ens w i I h m�rnhers of i he Administration.
rejected some
the f i-l- was h i s understanding that bids f fowl bidder.f Of said that at that time
e
months ago when Hunt Truck Sales was ch
•� Truck Sales had gone out and purchased the trucks on the assumpt�eVichf'otamkin
Hunt Tr
would .ge�t� the award. He said that now that the bids were readvertise
He said that
lo
Chevrolet who was the second low bidder previouslY� �emp employees havveebeen forced to
meanwhile the City has
been w i thout these truck and {� Y
use jf ho i r own cars. He said that' it was his understanding that if the Council away
Counc i lolaii Goodman sto Led that a1 though he does not object to the restrictions
on sale of drugs conUiining narcotics in principle, he feels that not all such
drugs should be sold only upon prescription, inasmuch as people who have small
children sometimes require paregoric and do riot have time to obtain a prescription,
and therefore the ordinance as requested would penalize such individuals.
Mr. Grenald advised the Council that there are pain-killers available that
do not contain narcotics and that are lower in price than those containing narcotics.
Mayor Dermer commended Mr. Grenald for his efforts and agreed with Councilman
-Greene on his suggestion to memorialize the Dade delegation for the requested
legislation.
Vice Mayor Weinstein seconded Councilman- Greene' s motion to memorialize the
Dade delegation.
The Clerk called the roll on the motion and it ,passed by a vote of 5 to 1 ,
Mayor Dermer, Vice Mayor Weinstein, Councilmen Ciment, Greene and Powell favoring
the motion, Councilman Goodman opposing, and Councilman Magnes passing his vote.
Vice Mayor Weinstein moved that the City Attorney be directed to draft an
ordinance after conferring with all interested parties, including, but not limited
to, Mr. Grenald, Dr, Ben Sheppard, Mr. Bernard Baron, the Executive Director of
Operation Re-Entry, City Physician Leo Grossman, and that the City Attorney after
drafting the ordinance, submit his legal opinion as to whether the Council has the
authority to adopt such ordinance.
Councilman Goodman stated that the memorialization requested is more emotional
than practical , is not in the best interests of the majority of the citizens, and
that if a public hearing were to be held the Council would .learn that at least 95%
of the citizens are against the idea of being required to submit a doctor' s
prescription every time they need a drug containing narcotics.
Following further discussion, the. Mayor summarized the proposed plan; of action
by the City Council as ►ollows:
1 . Memorialization from the City Council to the State Legislature;
2. Request for a legal opinion from the City Attorney as to whether
the Council has the authority to enact an ordinance prohibiting
the sale of drugs containing narcotics, presently exempt under
the Harrison Drug Act, without a doctor' s prescription;
3. Conference with all interested parties and include their
suggestions and recommendations as to contents of proposed
ord i na.nce;
4. Call a public hearing on the proposed ordinance.
Consideration of a proposed ordinance requiring security guards in certain
hotels and apartment houses , requested by Councilman Magnes at previous meetings,
was deferred at his request. He said that a suit attacking the constitutionality
of an almost identical ordinance adopted by the City of Hollywood is pending in the
Broward County Circuit Court, that a final hearing thereon is scheduled to be held
on March 24, 1970, and that he would like to know the Court' s decision before taking
up the proposed ordinance.
The proposed ordinance was thereupon deferred to April 1 , 1970, at 11 : 00 a.m. .
F Council Memorandum No. 2461 was presented, relative to variance granted to
ree, Inc. , by the Zoning Board of Adjustment on December 5, 1969, to permit
truction of a chain link fence 10 feet high around the tennis courts of the
Carriage house, located at 5401 Collins Avenue, on outlots 29, 3.0, 231 and. 332,
First Oceanfront Subdivision. In conjunction therewith, the City Manager submitted
his verbal status report concerning the proposed malecon construction. He said
that of 7ti. owners of outlots on the west side of Collins Avenue extending from 26th
through 54th Street, 28 had responded to the City's questionnaire, of which 26
indicated that they were in favor of the construction-, and two were opposed, not
to the concept, he said, but because of legal technicalities, involving the
mortgagees' interests.
Mr. O'Key stated that the City does not have title to the lands sought to
be acquired, but that a perpetual easement could be obtained. Assistant City
Attorney Elegant, in answer to a request for his opinion, stated that a perpetual
easement to the lots in question would be satisfactory, and would be equivalent to
the City's taking title thereto.
Attorney James Halley Ruby, representing the applicant, Arthree, Inc. ,
appeared and stated that he had submi tted to the `Ci ty Manager a proposed agreement
offering to give to the City a perpetual easement in Outlots 29, 30 and 231 less
the westerly seven feet, on which the Carriage House presently has a walkway to be
used to service its docks and piers, lie said that the agreement also contains the
M i nu tes .of Co jnc i 1 Mc:e-t i clef -- 2/11/70 Page 7
stihulatioil LhnL Lot 332 will be u;cd only for tennis, courts and for a two-story
bu i 1(I i ng 22', fee L i n height above grade, Lo L)e used for locker rooms , lounge rooms,
rest rooms , showers , dockmaster and crew rooms and a tennis pro office and shop.
He stated that his clients desire to co nstruct only tennis courts on Lot 332, without
the building, but that the mortgagee insists on the construction of the building.
' Mr. Ruby offered, in exchange for the Council ' s approval of the variance to'
permit construction of a ten-foot high chain link fence around the tennis court,
his client' s promise never to construct a high-rise on the property, despite the
fact that it is zoned "REA", which permits mul ti,ple family buildings up to 223 feet
in height above grade.
Councilman Ciment stated that he had been advised by Assistant City Attorney
Elegant that if Arthree, Inc. , 'cannot secure the permission of the mortgagees to
enter into the proposed agreement; then the agreement has no validity, Mr. Elegant
added that the City woul d not take a perpetual easement to land subject to a mortgage.
Discussion ensued regarding the offer of Arthree, Inc, , to supply the materials for
construction and installation of the walkways , landscaping and beautification- of
Outlots 29, 30 and 231 , up to the amount of $7,500,00 with the City to supply the
labor involved.
Vice Mayor Weinstein stated that according to his understanding, there was no
discussion as to the City's participation in the construction and installation of
the walkways and beautification. ,
Mr. Ruby, at the request of Councilman Greene, read into the record a letter
addressed to h i s client, from Prudential Life I nsurance Company, one of the
mortgagees involved in the subject property, stating, in essence, that failure to
construct the two-story building on Lot 332 would result in lack of full compliance
with the terms of the mortgage commitment. Mr. Ruby said that he has been informed
that the mortgagee would not subordinate the mortgage.
Mr. Ruby submitted photographs of the proposed landscaping and beautification,
including the two-story building under discussion, which, he said, would be quite
small in comparison with its surroundings..
Councilman Greene enumerated several provisions and conditions contained in
the proposed agreement with which he disagreed, and discussion ensued regarding
its effect on -the proposed malecon construction.
Assistant City Attorney Elegant commented that in view of the fact that the
mortgagee is not a party to the agreement, and that there is no subordination
agreement with the mortgagee, the City cannot enter into the proposed agreement
with Arthree, therefore the City cannot proceed.with the malecon construction.
Mr, E. Albert Pallot appeared as a citizen, taxpayer and resident, and stated
that no hardship has been shown by Arthree and also that the proposed agreement
submitted by Mr. Ruby at this meeting is entirely different from that which was
discussed at the previous meeting on January 21st. He stated that Arthree holds
a deed from the Trustees of the Internal Improvement Fund to the west 31 feet of
Outlots 29, 30 and 231 , FIRST OCEANFRONT SUBDIVISION, containing a deed restriction
that this land can never be used for a commercial purpose or for the construction
of any building. He stated that the gist of the proposed agreement submitted by
Arthree is that Arthree will grant a perpetual easement in the west 24 feet of the
three outlots provided that the City will landscape and beautify that area, and
also.provided that the owners of Outlots 1 through 28 agree, within six months,
to do likewise. He raised the question as to whether Arthree is legally- empowered.
to have a marina on the subject outlots, because this would be a commercial
facility. He also touched briefly on the matter of water pollution in Indian Creek
if the City permits a marina operation. He also objected to the appearance of a
chain l'i nk fence ten feet high interfering with the beauty of the proposed malecon.
He said that Arthree has created its own hardship.
Following further discussion; Vice Mayor Weinstein stated that in his opinion
the west 31 feet of Lot 332 should be included in the perpetual easement to be
granted to the City; that the entire cost of landscaping should be borne by the
applicant; but in accordance with the City's plans and supervision, so as to conform
to the design planned for malecon; and that the mortgagee should be made a party
to the agreement.
Councilman Ciment 'referred to the proposed agreement and made certain requests
concerning the wording therein. It was the consensus that- the malecon construction
would not in any way be affected by the terms of the subject agreement.
Councilman Powell stated that the purpose of this hearing was to consider
approval 'or rejection of the variance granted by the Zoning Board of Adjustment to
permit construction of a fence ten feet high and that the malecon is a separate item.
A gentlemen who did- not give his name appeared and stated that he represents
the Carriage House management, the applicant Arthree, Inc. , and .that they intend
to go along with the City' s plans -for the malecon construction, that they desire
that the Carriage House property.be the anchor for the proposed malecon, and that
they will make every attempt to resolve the legal impediments.
M i nu tes f Counc i 1 Mee t i nq -- 2/1.1-/70 Page 8
Following CIISCLISSi01-1, Cot.rnciIMan Greene suggested that the- Council defer
action on the variance until a satisfactory agreement has been prepared, He stated
that he will not vote on the variance until the agreement has been executed.
Mayor Dermcr surrendered the Chair to Vice Mayor Weinstein and moved that the
} variance be denied. The motion was seconded by Councilman Magnes,
Councilman Greene moved to defer action on the variance until such time as
the agreement has been approved. The motion died for lack of a second,
Attorney Ruby reappeared and stated that he agreed with Councilman Powo-1--1
that the two items under discussion were separate and distinct. fie stressed that
his clients are most anxious to cooperate with the City. Councilman Ciment stated
that the Council is fully aware of the fact that the two items cannot be legally
considered as one, but nevertheless, it is understood that one is an integral part
of the other, and that he would vote on the agreement before he voted on the
variance.
Mayor Dermer stated that the events which have taken place before the Council
. are leading to a most dangerous policy, . He said that variance requests should not
be negotiated; that the malecon and the variance requests are being negotiated and
that this has been done on three separate occasions. He stated that if the Council
wi l l permit builders in this City to appear before the Council and make deals before
variances are voted upon, the City is destroying its zoning regulations, and that
this practice should be stopped. He said, the variance should be voted upon on
its merits, and deals should not be made before the Council votes on a variance.
Councilman Greene stated that the Mayor' s position on variances may be
admirable but . is utterly inflexible and not real , and is an oversimplification .of
the facts. He said that the beauty of the City is at stake in this matter, ' He
stressed that he would like to accomplish only one thing -- to bring to, a satisfactory
conclusion the terms of the agreement between the City and Arthree regarding a
perpetual easement in the subject property in order that the City may proceed with
the plans for construction of the malecon. He said that the approval of the variance
would not do any great harm to the City if the fence is properly landscaped. He
said that much more is at stake than the conditions of the variance,
Councilman Magnes stated that this matter has been brought before the Council
on three separate occasions, and that each time it has been presented with changes
made in the agreement. He stated that he agreed that ,the.Council should not tie
in other factors with the terms of a variance.
MAYOR DERMER RESUMED THE CHAIR,
The Clerk proceeded to call the roll on the motion to deny the variance, and
it failed of passage by a vote of two to five, Mayor Dermer and Councilman Magnes
favoring the motion, Vice Mayor Weinstein and Councilmen Ciment, Goodman, Greene
and Powell opposing.
In voting, the following comments were made:
Vice Mayor Weinstein stated that he had been interested in the proposal for
a malecon construction for several years, that he had received a report from the
Parks Superintendent and the City Manager that the proposed malecon would be a
beautification project for most of Indian Creek. He stated that he is hopeful that
it can be accomplished and that he is aware that the subject property is the anchor-
to the northern end of the proposed malecon. For the foregoing reasons, he sa1d,
he voted against the not i on.
Councilman Ciment questioned whether the Council has the power to appro.ve a
variance and thereafter to reconsider its action and then to rescind the approval
before the grantee has invested any money in the project.
Mayor Dermer stated that the height of the proposed fence does not conform
to the zoning laws. He added that the agreement for easement has been presented
to Council on four occasions with amendments made before each presentation and
that variance requests should not be negotiated; that the variance and the malecon
should not be considered in conjunction; that no bu.ilder should have the right to
come before Council with an offer to negotiate,
Councilman Goodman agreed with the concept stated by the Mayor that variances
should be voted on strictly on their merits,
Councilman Greene renewed his motion to defer action on the variance. The
motion was seconded -by Councilman Ciment, and upon call of the roll , carried by a
vote of '4 to 3, Councilmen Ciment, Greene and Powell and Vice Mayor Weinstein
favoring the motion, and Mayor Dermer and Councilmen . Goodman and Magnes opposing.
At 1 : 15 p.m. , on motion of .Councilman Ciment, seconded by Councilman Goodman,
unanimously ca r r i-ed, the Council took a recess until 2: 15 p.m. , on the same. day.
At 2: 35 p.m, , the Council reconvened withall members present. Also present
were City Manager Clifford W. O'.Key, City Attorney Joseph A. Wanick, Assistant City
Manager Frank R. Spence and City Cleric and Finance Director Ruth Q. Rouleau,
14 i nu tes -)f Council mec t i nd -- 2/11-/70 Page 9
y,ia.ru.�.i.t....... r. • L.
.r
that when an appeal from disciplinary action Finally results in a reversal or
setting aside of such disciplinary action by the Personnel Board or by a court of
competent jurisdiction, then the employee shall be entitled, in addition to the
recovery of all wages and emoluments lost by reason of such disciplinary action,
to recover his court costs and reasonable attorney' s fees in an amount to be deter-
mined by the Personnel Board.
In answer to Vice Mayor Weinstein's question as to whether this same matter
had been presented to the Council before, Attorney James Ruby, Legal Adviser to
the' Personnel Board, appeared and said this request has come before the previous
Council , but was not approved ,for submission to the electorate. He said there is
a suit pending relative to that provision in the Civil Service Act calling for
payment of attorney' s fees.
Upon being asked by Mayor Dermer for his comments relative to this subject,
City Manager O'Key said he would recommend this request be denied.
Vice Mayor Weinstein thereupon moved that this request to place on the ballot
the question of recovery of court costs and payment of attorney's fees in con-
nection with a reversal of an employee's disci P linar Y a ctio n be denied.
The
motion was seconded by Councilman Greene and carried unanimously.
The Council next considered a communication from Mr. J. J. Kaufman, Executive
Director of API Management Corporation, owner and manager of the Arlen Beach Apart-
ment Hotel , 5701 Collins Avenue, requesting that they be designated as an apartment-
hotel .
Attorney Burnett Roth, representing the Ocean Pavilion Hotel Apartment House,
appeared in support of a similar request on behalf of his client.
Following a brief discussion, Councilman Greene moved that both requests be
placed on the March 4th agenda, to be -considered at 4: 15 p.m. . The motion was
seconded by Councilman Ciment and carried unanimously.
A peti'tion from the Lake View area residents, requesting that a four-foot
fence be erected so as to enclose the Tot Lot at Fisher Park, - located at 50th
Street and Alton Road, was presented,
City Manager O'Key advised' that this was a matter that could be handled
administratively.
The matter of retention of a design architect and the financing of a Theater
of Performing Arts and Convention Hall wraparound, deferred from the meeting of
February 4th, was considered.
This matter was deferred to March 4, 1970, at 2:45 P. pending the outcome
of a Supreme Court decision relative 'to the validation of -the $12,000,000.00 excise
tax bond issue.
Attorney James Ruby, representing Arthree, Inc. , 5401 Collins Avenue, appeared
and stated the agreement by his client to grant the City a perpetual. easement in
Outlots 29, 30 and 231 of the First Oceanfront Subdivision, for the purpose of con-
structing and maintaining walkways, landscaping and beautification on such outlots,
was submitted to the City Attorney and was approved by him as to form.
Councilman Powell referred to Council Memorandum No. 2461 , relative to the
Zoning Board of Adjustment variance granted December 5, 1969, for permission to
erect a chain link fence 10' high for tennis courts, action on which had been de-
ferred several times since the meeting of January 7th,- and suggested that the
Council act on the variance prior to finalizing the terms of the agreement.
In answer to Councilman Powell 's question as to- whether this property is
properly zoned for tennis courts, City Attorney Wanick said that it is.
Vice Mayor Weinstein referred to Paragraph 4 of the agreement, and asked that
the words "within six months from the date hereof" be deleted, and Mr. Ruby said
that he would agree to do so.
Councilman Powell asked Mr. Ruby whether this proposed easement was being
offered as a bargaining point in order to obtain approval of the variance.
Mr. Ruby advised that the easement was not being used as a bargaining point,
but if Arthree will not be able to build these tennis courts, they will want to
be able to put this 'entire property to the best and highest uses permissible under
the zoning.
Councilman Powell said that based on the City Attorney' s opinion, approval
of this variance is justified, and he thereupon moved that the action of- the
Zoning Board in granting this variance be approved. The motion was seconded by
Councilman Weinstein and upon call of the roll , carried by a vote of 5 to 1 , Vice
Mayor Weinstein and Councilmen Cimen.t, Goodman, ;Greene and Powell voting in favor,
Mayor Dermer opposing, and 'Councilman Magnes passing. - (NOTE: At the conclusion
of the consideration of the terms of the agreement, Councilman Magnes changed his
vote to ."yes", and the motion carried by a vote of 6 to
Minutes of Council Meeting -- 2/18/70 Page 17
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. In voting, the following comments were made:
Mayor Dermer said that he considered this proposed easement as a bargaining
away of a variance.
Councilman Goodman said he interpreted this request as one which will allow
a developer- to utilize his land for tennis courts which, in his opinion, was more
preferable than using the land for a high-rise building.
Councilman Greene said that fie was opposed to granting variances for any
serious purpose, but since this variance is for a tennis court, he could see no
reason to deny this request.
Councilman Magnes said he considered this as a bargaining agreement, but
that he would be willing to allow a ten-foot fence in order to be able to beautify
the area; however, he said, he would pass his vote until consideration of the terms
and conditions as set forth in the proposed easement agreement has been concluded.
The Council then reviewed the terms and conditions of the easement agreement.
Councilman Greene referred to Paragraph 2, and proposed that after the words
"Arthree agrees that Lot 332 of First Oceanfront Subdivision of the Miami Beach
Bayshore Company shall not be used. . ." the words "in perpetuity" be added.
Mr. Ruby indicated he would accept the change.
Councilman Greene requested that consideration be given to adding a sentence
"This Section 2 shall constitute a covenant running .with the land' , and following
a brief discussion, during which Mr. Ruby said the addition was acceptable to hi.m,
City Attorney Wanick suggested, and the Council agreed, that the entire agreement
shall be a covenant running with the land; that the mortgagee should be requested
to j o i n' i n this provision, and the covenant be recorded and be made part of the
land record.
Councilman Greene then requested that a sentence be added to Section 2 to
provide that no food or beverages may be sold on the premises except that vending
machines may be used for such purposes.
Mr. Ruby again said this would be acceptable. -
Vice Mayor Weinstein reiterated his previous request that the words at
the end of Paragraph 4, ". . . .within six months *.from the date hereof." be deleted,
and Mr. Ruby concurred.
Councilman Greene referred to Paragraph 6, and proposed that the word "do-
nate" be deleted, and that this sentence read, in part, ."Arthree agrees to pay on
demand. . . .'' '
Mr. Ruby said he would agree to the change.
At this point, Councilman Magnes asked that his vote on the motion to grant
the variance be changed from "pass" to "yes".
In answer to Councilman Ciment's question as to whether the changes he pre-
viously recommended be. made to Paragraph 2 had been included, Mr. Ruby said that
the changes referring to the .plans of the architect, and a description, were made
accordingly.
Councilman Ciment thereupon moved that these plans be made a part of the re-
cord and that the contract be signed between the parties on this day. The motion
was seconded by Councilman Magnes.
Mayor Dermer. suggested that action on the motion be withheld until after the
approval of the contract.
Councilman Greene then requested, for the record, that Mr. Ruby, on behalf
of his principals, verbally agree to enter into this agreement, which is to be
executed forthwith, and that the agreement, as amended, shall be effective on this
date, and Mr. . Ruby indicated that .he so agreed.
Parks and Recreation Director Poulos appeared and referred to the sketches
of the three alternate landscaping plans prepared' by his department, and said that,
in his opinion, the most important thing was not which plan would be used, but that
the landscaping of Lot 332 be integrated into the overall design, and Mr. Ruby
stated he would so agree on behalf of his -client.
Councilman Magnes asked whether there is a driveway or a curb cut on the
street in this area.
Mr. Poulos said that the only curb cut is in the area abutting the City's
sewer pumping station which must be accessible at all times, so that the roadway,
while it is esthetically treated, must be used as a service roadway.
In answer to Councilman Magnes' question as to whether Arthree would agree
not to use his area for parking of automobiles of those guests who are occupants
of their establishment, .Mr. Ruby advised they would.
Councilman Greene then asked whether Arthree would consent to the rezoning
of Lot. 332 from "REA" to "RA" Use 'District, and Mr. Ruby said that while lie could
not give consent, he would not be opposed to the .change.
The 'following resolution was then presented' by Vice Mayor Weinstein, who
moved its adoption:
Minutes of Council Meeting -- 2/18/70 Page 18 I
. i t F i -t �,�:;j,,:�c.''��a'.•.rte;..'''- _
y„
Here appears resolution authorizing execution of agreement,
as amended , with Artliree, I nc. , granting ad 231 , First Ocean
n easement in per
petuity to the City in Outlots 29, 30 a
Front Sub. , making certain covenants with r ega rdto i ss to be
Lot 332, and agreeing to pay for landscaping which
done by Arthree in accordance with design prepared by Parks
and Recreation Director)
p
The motion for
adoption of the foregoing resolution was seconded by Council-
he roll carried by a vote of 6 to 1 , Mayor Dermer
man Greene and upon call of t
opposing.
In voting, the following comments were made:
Mayor Dermer said that he believed the intent was good;Cthat the malecon
would be good, but he could not vote to bargain away a varian
Councilman Greene said he did not interpret this as bargaining, but he did
interpret it as a great benefit to the City
Councilman Magnes said he does interpret this as bargaining, but tthat he
tion
also interpreted it as a great benefit to the City,
particularly
of the amendments proposed by Councilman Greene. ,
The resolution was desig nated No
The following resolution was offered by Councilman Greene, who moved its
adoption:
Here appears resolution calling a' zoning Hearing on Mach 18,
to consider excluding from the REA j
1970, at 4:30 pam• , � .
Multiple Family District, and to include in the "RA" Estate
!F District, Lot 332, First Ocean Front Sub.)
of the foregoing resolution was seconded by Council-
': The motion for adoption ,
man Magnes and carried unanimously.
The resolution was designated No. 12963.
it
n of Councilman Greene, seconded by on e
uthlsameCdaynt,
At 1 :40 p.m. , on motio
unanimously carried, the Council took a recess until 2:45 p•m. ,
i
n, At 3:02 p.m. , the meeting was reconvened with all members of the Council
'° resent except Mayor Dermer. Also present were City Manager Clifford W. 01 Key,
p p Frank R. Spence, City Attorney Joseph A. Wanick and City
Assistant City Manager
!` Clerk and Finance Director. Ruth B. Rouleau.
i
Vice Mayor Weinstein.was n the Chair.
Mr. Chris Daner appeared and spoke at length relative to the many problems
encountered by blind persons, relating to safety and social matters, and the use
f public facilities, and requested that some assistance be given in educating
o p He then asked
� the sighted public as to the rights and needs of blind people.
� ±
that the City include in its recreational accommodations for senior citizens,
1 ;
facilities for blind -persons.
Vice Mayor Weinstein asked City Manager O'Key whether he could of
to
'Key indicated that he would re
'Key to Mr. Daner, and Mr..
O p _
vi
'ew the matter with Parks and Recreation Director Poulos and Daner to
couldtbe
mine what recreation facilities may be made available and what programs
arranged for blind citizens.
AT 3: 15 P.M. ,
MAYOR DERMER ENTERED THE MEETING AND ASSUMED THE CHAIR.
Council Memorandum No. 2568 was presented, relative to the request of the
Academy for permission to demolish the girls' high school building niocathe
Hebrew Y
at 2427 Pine Tree Drive, so as to build a new school building, an 9.
recommend
ation that a public hearing be scheduled to consider this request•.su ort
Attorney Irving F i rtel , representing the Hebrew 1 Cha emy, app a red in from
of this request. He said that the present school ,. w h
a artment house, is now inadequate for the school ' s needs; however, he was not
an p
asking .for a public hearing, but is asking for
asrtoswhyn this prequest was before
In answer to Counc i 1 ma n Magnes ques fi
Council ,1 C i t Attorney Wan i cl: s la ted tl�i s p rope,-ty i s i n the "RF" Multiple
t the Co Y
Family Use District and under the Zoning Ordinance, prlCouncslhoo He said athat for
approval and- permit of the City
missible use only upon app P
this reason he had advised Mr. Firtel to request a public hearing to inform the
pu
blic is generally what is being contemplated in confaiw�ts call i.ngea publ is hearing
the Council has followed down through the years o Y
on private schools.
Page 19
Minutes of Council Meeting
-- 2/18/70