HomeMy WebLinkAboutCC 1973-02-22 MinutesCITY OF MIAMI
COMMISSION
MINUTES
FEBRUARY 22, 1973
OF MEETING HELD ON
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI. FLORIDA
FEBRUARY 22, 1973
1, WAIVING READING OF THE MINUTES OF PREVIOUS
2, ACQUISITION OF PARCEL 88N-7088,9 DOWNTOWN
3, N,W, 54 ST, SANITARY SEWER MODIFICATIONS
ACCEPTING COMPLETED WORK
4, ORANGE BOWL IMPROVEMENTS
5, APPROPRIATION FOR ORANGE BOWL IMPROVEMENTS
ORDINANCE AND. OR
RESOLUTION NUMBERS
MEETING
GOVERNMENT 9iNI9
6, FREE USE OF BASEBALL STADIUM
AMERICAN LEGION SUMMER BASEBALL
7, CLAIM SETTLEMENT - WINSTON SAMUEL COOPER
8, CLAIM SETTLEMENT - FLORA BELL MILTON
9, ACCEPT COMPLETED WORK- FIRE STATION NO, 2
10, SALINITY DAM IN TAMIAMI CANAL
11, TERMINAL LEAVE WITH PAY -AMEND ORDINANCE 6945
12, RENEW CONTRACTS- DUST CONTROL ITEMS
13, RENEWAL OF NIGHTCLUB LICENSE -AMENDING CODE
14, NIGHT CLUB LICENSES- CHANGE REPORTING PROCEDURE
15, PROCLAMATIONS- NATIONAL RED CROSS MONTH
DECORATORS SHOW HOUSE WEEK
PLAQUE TO WFAB
WORLD RELIGION DAY
16, ADDITIONAL MEMBERS -PLANING 8 ZON.ING COMMITTEE
FOR RESTRUCTURING
17, COMMENDATION TO DIRECTOR OF FINANCE.
CHASE MANHATTAN BANK
73-118
73-119
trail
73-120
73-121
73-122
73-123
73-124
kr184Ys
734-125
FIRST READING
FIRST READING
73-126
73-�;A
18,RECEIVE SEALED BIDS -SOUTH BAYSHORE DRIVE HIGUIll
SIDEWALK IMPROVEMENT SH 444 73-128
19,CONFIRMING RESOLUTION-BIscAYNE EAST H UWAY
IMPROVEMENT H-4,7/ 73-129
01
20, OFF STREET PARKING DEPARTMENT = EMPLOYEE STATUS
21, VARIANCE REQUEST- FIFFORD 7 HIGHLEYMAN'S SUB
22, REQUEST ZONING CHANGE-MARCELLUS DEARBORN SUB
23, ESTABLISH ZONED STREET WIDTH-MICANOPY AVENUE
24, VARIANCE- BAYSHORE UNIT NO, 3
25, VARIANCE- ORANGE PARK
26, INTERIM ZONING DISTRICT -COCONUT GROVE BUSINESS VILLAGE
No'81 '
AND 73-133
73-130
DEFERRED
73-131
FIRST READING
73-132
DEFERRED
27, INTERIM ZONING DISTRICT -DOWNTOWN GOVERNMENT CENTER NOMEBiQBD,
28, CIVIL SERVICE RULES -"TRANSFERS" -AMEND ORD,6945 ORD, 8144
29, R �ISSION OF CONDITIONAL USE PERMIT
1 SOUTH BAYSHORE DRIVE -REPORT
30, LATIN COMMUNITY RIVERFRONT PARK
31, PUBLIC HEARING -CONVENTION CENTER IN 'MIAMI CENTER"
32, PUBLIC HEARING -CONSIDERATION OF EXTENSION OF
ALCOHOLIC BEVERAGE SALE
33, LOAN FOR OFF-STREET PARKING FACILITIES
34, OFF-STREET
35, YARGER PAY
REPORT FOR
36, BID AWARD -
37, BID AWARD -
PARKING DEPARTMENT-EMP OYEE STATUS
(ALSO SEE ITEM 2U)
PLAN STUDY -PRELIMINARY SUBMISSION OF
STUDY BY COMMISSION
DINNER KEY WATERFRONT MARINE FACILITIES
WORKS SHIRTS AND TROUSERS
DISCUSSED
DISCUSSED
73-134
73-135
FIRST READING
Discuss
73-136
73-137
02
384 AMUSEMENT RIDE PERMIT- LARRY LITTLE'S GOLD COAST
SUMMER CAMP
73-138
39, AMEND CHAPTER 55 OF THE CITY CODE -EXCISE TAXES FIRST READING
40, PERSONAL APPEARANCE- DORIS C, BARTON AND DOG 73-139
41, LEGISLATIVE LIASON-APPOINTING RONALD C. LA FACE 73-140
42, AMUSEMENT RIDE PERMIT- CENTRAL SHOPPING PLAZA 73-141
43, CONSTRUCT VAULT -STREET RIGHT OF WAY FOR
SOUTHERN BELL TELEPHONE CO, 73-142
44, APPOINTMENT TO YOUTH ADVISORY COUNCIL HAZEL BUNGY 73-143
45, CITIZENS COMMITTEE- REVENUE SHARING FUNDS
APPOINTMENT OF ADDITIONAL MEMBERS
46, MIAMI EDISON HIGH SCHOOLBAND
REQUEST FOR FINANCIAL ASSISTANCE DISCUSSED
03
•
MINUTES OF THE REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of February, 1973, the City Commission of
Miami, Florida, met at its regular meeting place at City Hall in
said City in regular session. The meeting was called to order at
9:25 O'Clock A.M. by Vice Mayor Gordon with the following members
of the Commission present: Messrs. Plummer, Reboso, Reverend Gibson
and. Vice Mayor Gordon. ABSENT: Mayor Kennedy.
An invocation was delivered by Reverend Gibson who then led
those present in a pledge of allegiance to the flag.
1, WAIVING OF MINUTES OF PREVIOUS MEETING
The following motion was introduced by Mr. Plummer who moved
its adoption:
A MOTION TO WAIVE THE READING OF THE MINUTES
OF THE PREVIOUS CITY COMMISSION MEETING
Upon being seconded by Reverend Gibson, the motion was passed
and adopfied by the following vote - AYES: Messrs.'Rbboso, Plummer
Gibson and Mrs. Gordon. NOES: None
E. ACQUISITION OF PARCEL 88N-7088.9- DOWNTOWN GOVERNMENT CENTER
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-117
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PUR-
CHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL
88 N - 7088.9 OF THE CITY OF MIAMI DOWNTOWN GOVERN-
MENT CENTER, AS DESCRIBED HEREIN, FOR THE SUM OF
$57,620; AND ALLOCATING $58,000 FROM POLICE HEAD-
QUARTERS AND CRIME PREVENTION FACILITIES BOND FUND
TO COVER THE COST AND OTHER MISCELLANEOUS EXPENSES
PERTINENT TO THE ACQUISITION OF FEE SIMPLE TITLE
TO THIS PROPERTY, AND AUTHORIZING THE CITY MANAGER
TO ACCOMPLISH BUILDING DEMOLITION ON SAID PROPERTY
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote -AYES: Messrs. Plummer,
Reboso, Gibson and Mrs. Gordon. NOES: None
04
FEBRUARY 22, 1973
• •
ACCEPT COMPLET ORK - N. W. 54TH STREET SANITARY SEWER
MODIFICATIONS
The following resolution was introduced by Reverend Gibson
who moved its adoption:
RESOLUTION NO, 73-118
A RESOLUTION ACCEPTING THE COMPLETED WORK
OF GOODWIN, INC., FOR THE N. W. 54 STREET
SANITARY SEWER MODIFICATIONS-1973, AT A
TOTAL COST OF $27 275.00 AND AUTHORIZING A
FINAL PAYMENT OF $2,862.50
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Plummer, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Gibson, Reboso and Mrs. Gordon. NOES: None.
ORANGE BOWL IMPROVEMENTS
The following resolu*ion was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 73-119
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
PROCEED WITH ORANGE BOWL IMPROVEMENTS AS OUTLINED
IN HIS MEMORANDUM TO PROVIDE FOR WASHROOM FACILITIES
FOR THE HANDICAPPED, CLEANING, REPAIRING AND PAINTING
OF STRUCTURAL STFEL MEMBERS THROUGHOUT THE STADIUM,
REBUILDING TWO ALDITIONAL EXTERIOR SPIRAL RAMPS AND
WATERPROOFING THE EAST AND WEST WALLS OF THE UPPER
PRESS BOX; AND AUTHORIZING THE WORK TO BE PERFORMED
BY CITY FORCES OR BY CONTRACT
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Reverend Gibson, The resolution was
passed and adopted by the following vote - AYES: Messrs. Gibson,
Plummer, Reboso, and Mrs. Gordon. NOES: None
05
FEBRUARY 22, 1973
APPROPRIATION FOR ORANGE BOWL IMPROVEMENTS AND REPAIRS
An Ordinance entitled -
AN ORDINANCE ANENDING APPROPRIATION ORDINANCE
NO. 8099 ADOPTED SEPTEMBER 22, 1972, TO PROVIDE
FOR THE ADDITIONAL APPROPRIATION OF $308,000
FROM THE ORANGE BOWL FUND BALANCE TO COVER THE
COST OF CERTAIN REPAIRS AND IMPROVEMENTS TO THE
ORANGE BOWL STADIUM; DECLARING THIS TO BE AN
EMERGENCY MEASURE ON THE GROUND OF URGENT PUBLIC
NEED FOR THE PRESERVATION OF PEACE, HEALTH, SAFETY
AND PROPERTY OF THE CITY OF MIAMI AND DISPENSING
WITH THE REQUIREMENT TO READ THIS ORDINANCE ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION
was introduced by Mr. Plummer and seconded by Reverend Gibson
for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was
agreed to by the following vote - AYES: Messrs. Gibson, Reboso,
Plummer and Mrs. Gordon. NOES: None
Said ordinance was designated Ordinance No. 8140
6, FREE USE OF MIAMI BASEBALL STADIUM- AMERICAN LEGION SUMMER BASEBALL
The following resolution was introduced byMr. Plummer who
moved its adoption:
RESOLUTION NO. 73-120
A RESOLUTION GRANTING THE REQUEST OF THE TENTH
DISTRICT AMERICAN LEGION FOR FREE USE OF THE
MIAMI BASEBALL STADIUM FOR THE AMERICAN LEGION
SUMMER BASEBALL PROGRAM FROM MAY 10 THROUGH
AUGUST 10, 1973, FOR GAMES TO BE PLAYED ON DATES
WHEN THE STADIUM IS NOT BEING USED, SUBJECT TO
PAYMENT OF EVENT PERSONNEL, LIGHTS, INSURANCE
AND OTHER DIRECT ':OSTS BORNE BY THE CITY
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Gibson and Mrs. Gordon. NOES: None
06
FEBRUARY 22, 1973
• a
7, CLAIM SETTLEMENT - WINSTON SAMUEL COOPER
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 73-121
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO WINSTON SAMUEL COOPER, WITHOUT THE AD-
MISSION OF LIABILITY, THE SUM OF $400.00 IN PULL
AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE
CITY OF MIAMI FOR ALLEGED INJURIES SUSTAINED BY
HIM, UPON THE EXECUTION OF A RELEASE RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was
passed and adopted by the following vote - AYES: Messrs. Reboso,
Gibson, Plummer and Mrs. Gordon. NOES: None
8, CLAIM SETTLEMENT - FLORA BELL MILTON
The following resolution was introduced by Mr. Reboso
A who moved its adoption:
RESOLUTION NO. 73-122
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO FLORA BELL MILTON, WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF $400.00 IN FULL AND COM-
PLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY OF
MIAMI FOR ALLEGED PERSONAL INJURIES SUSTAINED BY
HER, UPON THE EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS
(Here follows body of resolution, omitted here and on
file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Gibson,
Reboso, Plummer and Mrs. Gordon. NOES: NOne
07
FEBRUARY 22, 1973
ACCEPT COMPLETED WORK - FIRE STATION NO. 2
The following resolution was introduced by Reverend Gibson
who moved its adoption:
RESOLUTION NO. 73-123
A RESOLUTION ACCEPTING THE COMPLETED WORK OF
HENRY DEGRAFF AND SON INC., FOR FIRE STATION
NO. 2 AT A TOTAL COST OF $345,307.10; ASSESSING
$2,900.00 AS LIQUIDATED DAMAGES FOR 29 DAYS
OVERRUN OF CONTRACT TIME; AND AUTHORIZING, AFTER
ALL ADJUSTMENTS, A FINAL PAYMENT OF $32,362.41
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Plummer, the resolution was
passed and ado pted by the following vote - AYES: Messrs. Plummer,
Gibson, Reboso and Mrs. Gordcn. NOES: None
10, SALINITY DAM IN TAMIAMI CANAL
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 73-124
A RESOLUTION NOTING NO OBJECTION TO THE U. S. ARMY
CORPS OF ENGINEERS PROJECT TO CONSTRUCT A SALINITY
DAM IN THE TAMIAMI CANAL
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Reverene Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Gibson,
Reboso, Plummer, Mrs. Gordon. NOES: None
08
FEBRUARY 22, 1973
111 TERMINAL LEAVE WITH PAY -AMENDING ORDINANCE NO. 6945
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED
AND ADOPTED NOVEMBER 15, 1961, APPROVING THE
CIVIL SERVICE RULES AND REGULATIONS OF THE CITY
OF MIAMI, BY AMENDING SECTION 5, SUB=SECTION (h)
OF RULE XIX, ENTITLED "TERMINAL LEAVE WITH PAY"
BY PROVIDING THAT EMPLOYEES SEPARATING UNDER
HONORABLE CONDITIONS, WHO HAVE SERVED FOR A PER-
IOD OF TWENTY-FIVE (25) YEARS OR MORE, SHALL BE
GRANTED, UPON HIS HONORABLE SEPARATION, AN ADD-
ITIONAL MONTH'S PAY; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT, IN-
SOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEV-
ERABILITY PROVISION, DECLARING THIS TO BE AN
EMERGENCY MEASURE ON THE GROUND OF URGENT PUBLIC
NEED FOR THE PRESERVATION OF PEACE, HEALTH, SAFETY
AND PROPERTY OF THE CITY OF MIAMI AND DISPENSING
WITH THE REQUIREMENT TO READ THIS ORDINANCE ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION
was introduced by Mr. Plummer and seconded by Mr. Reboso for
adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the
following vote - AYES: Messrs. Plummer, Gibson, Reboso, and Mrs.
Gordon. NOES: None. Whereupon the Commission on motion of Mr.
Plummer, seconded by Mr. Reboso, adopted said ordinance by the
following vote - AYES: Messrs. Plummer, Gibson, Reboso and Mrs.
Gordon. NOES: None and said ordinance was designated
ORDINANCE NO. 8141.
12, RENEW CONTRACTS - DUST CONTROL ITEMS
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 73-125
A RESOLUTION RENEWING THE CONTRACTS OF FLORIDA
DUST CONTROL SERVICE INC., FROM MARCH 1, 1972
TO FEBRUARY 29, 1973 FOR FURNISHING DUST CONTROL
ITEMS FOR ONE YEAR AT THE SAME TERMS AND CONDIT-
IONS OF THE ORIGINAL CONTRACT AND OF NATIONAL
LINEN SERVICES FROM MARCH 1, 1972 TO FEBRUARY 28
1973 FOR FURNISHING RENTAL LINEN ITEMS FOR ONE
YEAR AT THE SAME TERMS AND CONDITIONS OF THE
ORIGINAL CONTRACT
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and ado-pted by the following vote - AYES: Messrs. Gibson,
Plummer, Reboso, Mrs. Gordon. NOES: None
09
FEBRUARY 22, 1973
e •
NOTE: Mayor David T. Kennedy entered the meeting at approximately
9:35 O'Clock A.M.
13, RENEWAL OF NIGHTCLUB LICENSES- AMENDING CITY CODE
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 3-47 OF THE MIAMI
CITY CODE BY DELETING SECTION 3-47 IN ITS ENTIRETY
AND ENACTING A NEW SECTION 3-47 WHICH PROVIDES FOR
A HEARING BEFORE THE CITY MANAGER INSTEAD OF THE
CITY COMMISSION FOR HOLDERS OF A NIGHT CLUB LICENSE
WHO HAVE BEEN REFUSED RENEWAL; AND MAKING ANY ACTION
TAKEN BY THE CITY MANAGER UNDER SUCH PROVISION FINAL
WITH APPEAL TO THE COURTS; AND BY REPEALING ALL LAWS
IN CONFLICT HEREWITH
was introduced by Mr. Plummer, seconded by Mr. Reboso, and
passed on its first reading by title by the following vote -
AYES: Messrs. Gibson, Plummer, Reboso and Mrs. Gordon.
PRESENT BUT NOT VOTING: Mayor Kennedy.
14, NIGHT CLUB LICENSES- CHANGING REPORTING PROCEDURE
An Ordinance entitled=
AN ORDINANCE AMENDING SECTION 3-51 OF THE MIAMI
CITY CODE BY DELETING SECTION 3-51 IN ITS ENTIRETY
AND ENACTING A NEW SECTION 3-51 WHICH PROVIDES FOR
THE SUBMITTING OF QUARTERLY REPORTS INSTEAD OF
WEEKLY REPORTS TO THE CHIEF OF POLICE UNDER A
NIGHT CLUB LICENSE, AND BY REPEALING ALL LAWS IN
CONFLICT HEREWITH
was introduced by Mr. Plummer, seconded by Mr. Reboso and passed
on its first reading by title by the following vote - MESSRS.
Plummer, Gibson, Reboso, Mrs. Gordon. PRESENT BUT NOT VOTING:
Mayor Kennedy.
MAYOR KENNEDY ASSUMED THE CHAIR AT APPROXIMATELY 9:45 A.M.
15. PROCLAMATIONS
(a) The Mayor proclaimed the month of MARCH 1973 as
NATIONAL RED CROSS MONTH
(b) The Mayor proclaimed the week beginning February
26, 1973 AS DECORATOR'S SHOW HOUSE WEEK
(c) A Plaque was presented to Mr. Thomas Garcia Fuste
in commemoration of the llth anniversary of Radio
Station WFAB and its service to the community.
(d) A Proclamation of WORLD RELIGION DAY
10
FEBRUARY 22, 1973
s •
16. ADDITIONAL MEMBERS TO COMMITTEE FOR RESTRUCTURING OF
PLANNING AND ZONING PROCESSES FOR THE CITY OF MIAMI
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-126
A RESOLUTION APPOINTING ADDITIONAL MEMBERS TO
THE CITIZENS COMMITTEE ON THE RESTRUCTURING OF
THE PLANNING AND ZONING PROCESSES OF THE CITY
OF MIAMI
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Plummer, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Gibson, Reboso and Mrs. Gordon and Mayor Kennedy. NOES: None
The following named persons were added to the Committee:
CARLOS G. DE TORRES, 1953 S. W. 27th Avenue
REX LOPEZ, 1953 S. W. 27th Avenue
RICHARD BRUSEULAS, P. 0. Box 4219, Miami, Florida
Commissioner Gordon made the following report in connection
with this committee:
Mrs. Gordon: The timetable for this committee's work is that these
task forces will meet very shortly and that within a period of time
of approximately 30 days, they will have recommendations for additions
or deletions from Dr. Bartley's recommendations and then a full task
force of citizens will meet with Dr. Bartley and go over it.
It should be coming to the Commission within about 60 and not more
than 90 days.
17. COMMENDATION TO DIRECTOR OF FINANCE*IN CONNECTION WITH
�A�fE�o *EcKsPARK; k l,�t�C�F�.l�TIONAL BONDS FOR THE CITY
The following resolution was introduced by Reverend Gibson
who moved its adoption:
RESOLUTION NO. 73-127 -B
A RESOLUTION EXTENDING THE CITY OF MIAMI'S
APPRECIATION AND THANKS TO THE OFFICIALS
OF THE CHASE MANHATTAN BANK OF NEW YORK
FOR HOSTING A BANQUET WITH THE CITY OF MIAMI
AND PROSPECTIVE BOND BUYERS OF THE PARKS AND
RECREATIONAL BONDS OF THE CITY OF MIAMI
11
FEBRUARY 22, 1973
s •
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mrs. Gordon, the resolution was
pa'ssed and adopted by the following vote - AYES: Messrs. Gibson,
Reboso, Plummer, Mrs. Gordon ani Mayor Kennedy. NOES: None
The following resolution was introduced by Reverend Gibson
who moved its adoption:
RESOLUTION No. 73-127-A
A RESOLUTION COMMENDING WENDALL R. BAILEY FOR HIS
EXCELLENT JOB IN PROMOTING THE CITY OF MIAMI AT
THE RECENT MEETING WITH BOND HOUSES IN CONNECTION
WITH THE SALE OF PARK AND RECREATIONAL BONDS FOR
THE CITY OF MIAMI
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mrs. Gordon, the resolution was
passed and adopted by the following vote - AYES: Messrs. Gibson,
Plummer, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None
The City Commission was in recess for a period of approximately
10 minutes from 9:50 to 10:00 O'Clock A.M.
18, RECEIVE SEALED BIDS - SOUTH BAYSHORE DRIVE HIGHWAY IMPROYEM NT
AN SOUTH BAYSHORE DRIVE SIDEWALK IMPROVEMENT SK-4a11
AT 10:00 O'Clock A.M., Eastern Standard Time, pursuant to
published notice, the Mayor announced the Commission was now ready
to receive sealed bids for the construction of South Bayshore Drive
Highway Improvement H-4342 and South Bayshore Drive Sidewalk Impro-
vement Sk-4281, whereupon the bids were opened and read by the
City Clerk.
Thereupon the following resolution was introduced by Mr.
Plummer who moved its adoption:
RESOLUTION NO. 73-128
A RESOLUTION TO RECEIVE SEALED BIDS FOR THE CON-
STRUCTION OF SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT
H-4342 AND SOUTH BAYSHORE DRIVE SIDEWALK IMPROVEMENT
SK-4281
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Gibson, Mrs. Gordon and Mayor "ennedy. NOES: None
1;
FEBRUARY 22, 1973
BIDS WERE RECEIVED FROM THE FOLLOWING:
Cal-K-Inc.
Melrose Nursery & Co.
19, OBJECTIONS TO CONFIRMING ORDERING RESOLUTION NO, 73-67 FOR
BISCAYNE EAST HIGHWAY IMPROVEMENT H-43
The Mayor announced the Commission was now ready to consider
hearing any objections to Ordering Resolution to advertise for
sealed bids for Biscayne East Highway Improvement H-4357 in
Biscayne East Highway Improvement District H-4357.
Mr. Rubin: My name is Leonard Rubin, an attorney and I represent
Mr. Castro who owns certain property on N. E. 64th Terrace and
facing N. E. 64 St and has objection to this proposed resolution.
The area is quaint and picturesque and said the streets were sat-
isfactory to the property owners in the area which he described as
being like old Key West., He represented the necessity of this
improvement had been created by the recent construction of a large
apartment building in the area. In reply to a question by Mr.
Plummer, Mr. Rubin stated he was speaking in behalf of Mrs. Mast
owner of Lot 3 on 64th Terrace, Mr. Castro, owner of #6 and #7
facing 64th Terrace and Mrs. Sivo, owner of Lots 19 and 22, 22
facing N.W. 7th Avenue.
He stated appropriate ingress and egress for this apartment build-
ing must be provided but indicated the developers took the property
with knowledge of the problems. He said the alleged benefits of the
improvements would be to the property owned by the apartment building
and tenants thereof.
HE said the area facing 64th Street has a 5' dedication so that
whereas there had heretofore been 19.70' from the front line of
the building on the improvement to the street line minus now the
5' that is intended to be utilized, it would leave only 14.70'.
Heretofore the 4 unit buildings have been using this area of 19.70'
for parking purposesand that the owners of the apartments would -
sustain a loss since they would be unable to provide parking for
their tenants. He stated the owners he was speaking in behalf of
considered the improvement unfair to them and for the sole benefit
of the apartment building, owners and tenants.
Mr. Vince Grimm, Director of Public Works exhibited a map of
streets to be redeveloped and indicated those being developed by
the Banyan Bay Club at their own expense. He said 64th Terrace was
a very narrow street with 18' of right of way and is one =way west
bound and that he doubted that anyone going to the Banyan Bay Club
would go out of his way to go down that street and that the redev-
elopment was solely for the use of the residents of the street as
well as the others, and that only two written objections had been
received.
Mr. Justo Castro appeared and objected to the taking of any
land for the improvement purposes due to the high value of same.
Mrs. Mast appeared and objected on the grounds that the
widening would take her two trees and wall and that there would
be no parking space remaining.
Mr. Grimm stated 64th Terrace was very narrow and was zoned
33' wide which is below standard but we only have 18'right of way
and that in this improvement, there was no intention to take one
foot of anyone's property but would be developed within the
existing rights of way.
Mayor Kennedy said this would be an improvement of what is
already there and that the pictures of the area indicated that
the streets were in bad condition and assured Mrs. Mast based on
Mr. Grimms remarks that she would not lose her fence or trees.
13
FEBRUARY 22, 1973
•
Mr. Grimm stated this improvement would have been programmed
regardless of the development of Banyan Bay Club and that the
property owners assessments were reduced by 75% because of the
charter change and that they were paving a small price for this
improvement.
Mrs. Chris Sebo, a resident of the area in question appeared
and inquired as to the fate of a tree on her property if this
improvement were made. She was assured by Mr. Grimm that if the
tree had to be moved, it would be transplant d to her property
with her permission.
After further discussion, the following resolution was
introduced by Mr. Plummer who moved its adoption:
RESOLUTION NO. 73-129
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO.
73-67 AND AUTHORIZING THE CITY CLERK TO ADVER-
TISE FOR SEALED BIDS FOR THE CONSTRUCTION OF
BISCAYNE EAST HIGHWAY IMPROVEMENT H-4357 IN BIS-
CAYNE EAST HIGHWAY IMPROVEMENT DISTRICT H-4357
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Gibson, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None
14
FEBRUARY 22, 1973
20. OFF-STREET PARKING DEPARTMENT - EMPLOYEES' STATUS:
Mr. Robert Paulk, Executive Secretary of the Civil Service
Board, appeared and made the following statement:
Mr. Mayor and members of the Commission. Unfortunately I
must bring this resolution to your attention -- and I know that it
contains a subject matter that has been before the Commission on
numerous occasions; dealing with the Off -Street Parking Department.
Mr. Plummer: Mr. Paulk, just a minute. Because of the sub-
ject matter I think the City Attorney should be here.
(Brief pause while City Attorney was summoned to the meeting)
Mr. Paulk: First of all, I'll read this resolution into the
record. It's a resolution that was passed on Tuesday of this week
by the Civil Service Board as a result of a memorandum that was sent
to the Mayor and to the Commission from the General Employees Asso-
ciation, and of problems that cause that memorandum to be sent forth
from the General Employees Association to the Commission, the Board
did read and consider the request being made by the G.E.A. Associa-
tion and the President, Marshall Litvak, and we are quite aware of
the problems that have arisen over the years, as well as the most
recent developments in the Off -Street Parkir►g Department; problems
that we have been having.
(Reading) Whereas the Civil Service Board and the Off -Street
Parking Board appeared before the Commission to resolve the status
of Off -Street Parking employees, and
Whereas, on September 7, 1971, the City Attorney rendered a
legal opinion stating that employees of the Off -Street Parking
Depa::tment were classified employees, except as listed in the City
'hare:er, and
Whereas, on April 6, 1972, at a City Commission meeting, the
Mayor of Miami directed that Mr. R. A. LaBaw, Director of Off -
Street Parking, and Mr. R. L. Pau1k,Jr., Executive Secretary of the
Civil Service Board, to resolve the status of employees of the Off -
Street Parking Department; and
Whereas, another employee's job was abolished with total dis-
regard to that employee's rights to be returned to a job within the
Off -Street Parking Department in a former classification to which
she held previous status under the Civil Service Rules, and
Whereas, the Director of Off -Street Parking, upon interroga-
tion during that hearing before the Civil Service Board, did state
that the determination as to who should come under the jurisdiction
of the Civil Service Board is made by the Off -Street Parking Director,
and
Whereas, there has been no cooperation rendered by the 0ff-
Street Parking Department Director and conditions of employment
have deteriorated for the employees, and
Whereas, employees who had obtained permanent Civil Service
Status have been asked to resign, only to be re-employed without
benefit of Civil Service, thus losing all benefits they had obtained
through Civil Service, including retirement benefits, and
Whereas, the City Manager, who is the appointing authority,
is denied such authority through the circumvention of the hiring
practices of the Off -Street Parking Department;
2-22-73
I
Now, therefore, be it resolved that the Civil Service Board
request the City Commission to direct City Attorney Alan Rothstein
to authorize Assistant City Attorney Frank Weston to take this matter
to the Circui{,. Court of Dade County to resolve the status of Off -
Street Parking Department employees.
Mr. Ihulk (continuing): This was passed on the 20th day of
February, 1973.
What we are indicating to you at this time is that since our
last appearance here in 1972 with regard to the problems we have had
with the Off -Street Parking Department we have really had no cooper-
ation. I have± had one meeting with Mr. LaBaw since that time, and
attempted to cret him to help us find out really how many employees
he had; what benefits they had; how they were employed, and give us
something so that we could understand what the problems were. Did
we have any problems in the testing of people who were to be em-
ployed by Off -Street Parking? If so, where were the problems. We
would certainly take into consideration that if the testing proce-
dure was too difficult we would make amends. We would back off and
take a look and do what we could to adjust our pattern of certifica-
tion of people on registers so that there would be no difficulty
placing ---
Mr. Plummer: Mr. Mayor, can I stop Mr. Paulk right now, be-
cause I believe, if I am not mistaken --and Mr. Paulk you correct me
if I am wrong, or Mr. Rothstein --you know I expressed to you, Mr.
Paulk, personally, and I'll express it now publicly, that unfortu-
nately this thing was taken to the Grand Jury, and if I'm not mis-
taken, at this time this matter is under investigation by the Grand
Jury, and I think at this time any discussion about this matter
untilthe conclusion of that investigation is out of place. Now the
same people that wrote this resolution requesting this are the same
people who took this matter to the Grand Jury; saw fit to; and I
think it is only proper at this time that :ID discussion, or no ac-
tion in the Circuit Court be even consJdered by this Commission
until that has been resolved before th€: Grand Jury. Now, I am in
receipt --I think it was approximately within the last seven days --
from the City Attorney's office that the City Attorney and the City
Manager were asked by the Grand Jury to investigate this matter,
and I did receive a letter telling us that this thing was near com -
pletion; and I think that until this matter has been resolved by
that body, which was requested of your board, I think any other
discussion at this time would be out of place; and Mr. Mayor, I
leave that with you for your thoughts, and Mr. Rothstein, because
I just don't think that we should be here discussing it when it is
under investigation by someone else.
Alan Rothstein: Mr. Mayor, that was going to be my recommend-
ation. I hadn't spoken to Commissioner Plummer about it, but it was
going to be recommendation that this be tabled until a report is
sent to the Grand Jury and they can make their conclusions.
Mr. Paulk: Mr. Mayor, there is one thing further I think is
very important and very germain to this whole problem, and that's
the fact that intimidation of employees currently working for Off -
Street Parking are causing them to resign. They are not leaving
Off -Street Parking; they are foregoing the rights and benefits un-
der the Retirement System.,: It's true Off -Street Parking has set
forth a retirement mechanism to take care of their employees,
whether they are classified or not, and they are intimidating em-
ployees to resign, relinquishing eight, nine, ten, thirteen years
in a retirement system, which I don't believe any insurance company
which is underwriting a retirement program for an organization would
permit the payment into an insurance program where the number of
16
2-22-73
years prior service was under another plan. These people are
having to resign. They are scared to death. It's a tragic
situation that I have directed, as Chairman of the Retirement
Board not to permit these people to withdraw from the Retirement
System, but yet they are being able to withdraw their money from
the Retirement System; we are in a situation where years from now,
if this thing doesn't work out in Off -Street Parking under a re-
tirement program that they have set up under an insurance pro-
gram, what liability does the City have with regard to permitting
this sort of thing to have gone on. A person thirteen years in
the Retirement System suddenly must resign, because of intimida-
tion. It's terrible.
Mr. Plummer: Mr. Paulk, are you asking this Commission, sir,
to hold any resignations in abeyance until the conclusion of that,
sir.
Mr. Paulk: It's too late, Mr. Plummer. It's too late.
Mr. Plummer: You say it's too late, but it's not too late be-
cause of what this Commission has initiated. This thing that you
have put before us today, in my opinion, sir, is what should
have been done some months ago. This would have been the proper
way to do it, but your Board saw fit to do it in another manner.
Now I am not arguing the point. I am just saying that we have
put :he cart before the horse. Now what are you asking us to do?
I don't think it is proper in your resolution where you ask us to
go to Circuit Court after you have already instigated other action;
to sit here and discuss it now. If there are other problems be-
cause of it I am asking you, what do you want us as a Commission
to do to stop this intimidation?
Mr. Paulk: I don't know what you can do other than to seek
remedy through the Circuit Court, because we can't get coopera-
tion.
Mr. Rothstein: Excuse rne. Timewise we are not talking about
a long time until Mr. Reese and myself complete our report to the
Grand Jury, and then it would be up to them to act or not act; and
so I think if this gets tabled for two meetings we will have com -
pleted the investigation; information sent to the Grand Jury, and
then they can either act or not act as, they deem fit, and if you
set it off for two meetings then you can take it up'at that time.
Reverend Gibson: Let me ask a question. I notice this
started before I came. Who does the Off -Street Parking repre-
sent?
Mr. Rothstein: The Off -Street Parking Authority is an inde-
pendent authority in charge of the parking. They are a semi-
autonomous body, which of course is linked to the City of Miami,
but their board of directors and their operations t,re completely
independent, subject to certain agreements, trust agreements,
contracts and details of the ordinance, and what has happened as
a practical matter is the Off -Street Parking Authority has deter-
mined that they will hire people outside of the civil servie
situation. Quite some tine ago I wrote an opinion where I said
that, based on everything in the City Charter, the City Code, the
Off- Street Parking Authority ordinances, that they should be
under Civil Service, and despite that opinion the Off -Street
Parking Authority continued to hire outside of Civil Service, and
2-22-73
17
the Civil Service Board --and they have been here in front of the
Commission about five times that I can recall about this --and the
Commission has encouraged them to try and work out their differ-
ences, but apparently from this resolution they have been unable
to work out their differences, and they want a declaratory decree
as to whether the employees over there are under civil service or
not.
Mr. Plummer: Mr. Rothstein, what do you recommend, hearing
what Mr. Paulk has had to say? If there is in fact intimidation
of these employees what do we do to stop it?
Mr. Rothstein: Well they're an independent authority, and I
don't think there is any way you can do anything to stop it at
this po.nt, or perhaps at any other point, other than a court
filing raking a declaratory decree as to whether they are uiader
Civil Service or not. However, as I said, my recommendation would
be not to institute anything like this until the Grand .Jury --a re-
port is made to the Grand Jury and they either act or don't act.
The Grand Jury's investigation was done at the request of the
Civil Service Board, which suggested to the Grand Jury that there
was being illegal use of City money, and the Grand Jury forwarded
a request, accompanying that request, to the City Manager and my-
self to report back to the Grand Jury after an investigation as
to what was the money situation as to whether or not we felt that
there was misuse of any City funds.
Mr. Plummer: Mr. Paulk, do you have any recommendations?
Mr. Faulk: Yes, sir. I strongly feel that it should go to
court --and I don't say that --because I really would like to
eliminate all this fanfare. I don't like to be in here saying
that Off -Street Parking is not cooperating. Believe me, this
is not something that I enjoy doing. If it were some other de-
partment I wouldn't be here enjoying doing it, but we have had a
problem for ten years or better with them, and we have attempted
in every way --not only myself but people who were connected with
the Civil Service Board in dears gone by have attempted to recon-
cile the differences that we have had, without any degree of suc-
cess; and I feel stronly that it should go into the Court. Now
what we have asked --and when I say --I speak of the Board now --
they acted in a very hasty manner on the day that they suggested
or directed that it be turned over to the Grand Jury, because of
the very situation that here was a woman who was --her job was
abolished. She had some thirteen years with the City. She had
classification rights in a lower classification in which she was
a parking violations checker. For eight years, I think, she was
a parking violations checker One, which is the in -hiring level.
She, at the time, was a Parking Violations Checker Two, the
supervisor, who heads up the supervision of all the parking vio-
lations c heckers. Her job was abolished. There were no
Parking Violations Checker Ones working for the City itself by.
contract. They had not been employed, nor were they under Civil
Service. Consequently he simply abolished her job. There was a
hearing under the rules which indicated that she should be returned
to the class to which she had previous rights and classification.
I have directed Mr. LaBaw in a memorandum to put her in a position,
but nothing has been done. It was because of this, and all of the
manifistations of the problems over the years that they acted very
2-22-73
18
hastily on that day and referred it directly to the Grand Jury,
because of past transgressions. Since that time we now have
intimidation and coercion of employees to get out of the civil
service system and come with us to belong to our retirement sys-
tem that we have now set up; and group insurance, which they told
us in 1971 they were going to co and did. It is not as good, in
my opinion, as our retirement system. The very fact that they
may not even be able to pay in for prior service for the time that
they served under Miami's retirement system into this new system
is terrible. I think it's awful, and I strongly recommend that
this City Commission permit Mr. Rothstein to proceed into the
courts to resolve this. It is not going to be able to be resolved
at this level.
Mayor Kennedy: All right; is there a motion? We have heard
the request of the Director of Civil Service. And we have heard
the recommendation of the City Manager. Is there a motion?
Mrs. Gordon: I want to ask you a question. What you are
sa./ ng is that an investigation that is presently under way, in
your opinion is not going to solve the problems that are exist-
ing in the Off -Street Parking Authority. Is that what you are
saying:
Mr. Paulk: I doubt it very seriously. We have --well the
Board determined to refer the matter to the Grand Jury to deter-
mine had there been any criminal violation by way of the practices
of the Off -Street Parking Director. Whether there is, I don't
know. And that's pure and simple what they are going to deter-
mine. Whether the practices are right or not may not be criminal.
If they are not criminal, I doubt very seriously ---
Mrs. Gordon: Your reasons for requesting this are because of
what moral violations there may be; not necessarily criminal.
Mr. Paulk: Yes, Ma'am.
Reverend Gibson: Mr. Paulk, what harm would it do --I realize
the harm is here. We have legal counsel over there saying to
us, legally this is what you ought to do. We have a moral obliga-
tion. If we can hear the report in a week or two weeks or in two
other meetings, how much harm would it do. Let me say the pre-
dicament I am in to vote. I don't understand, if the Department
Authority is our arm and we tell then, what to do, as a moral thing;
I don't understand. Mr. LaBaw has been here since I have been on
the Commission asking us to do certain things. Now, evidently he
doesn't have all the authority that he needs; evidently. Now, I
just don't understand. Mr. Rothstein, explain that to me. What
I am saying is, if he doesn't have complete authority to do some,.
other things that are more pressing than this, I don't understand
why he can't listen to us on this matter.
Mr. Rothstein: Well, the City Commissiop, because it is a
semi -autonomous board, cannot direct them how to act. However,
they are bound by the ordinances and charter and code and state
law under which they are formed, and unfortunately the ordinances
that formed them don't say specifically they shall hire all em-
ployees under the Civil Service. On the other hand, there was
enough language and practice in the ordinance and through the
past, that when I reviewed it for legal opinion I weighed it, and
I felt that in my opinion it should be under Civil Service. How-
ever there is no way that this Commission can say to them, hire
19
2-22-73
under Civil Service; so it comes down to that's why they want
the lawsuit; to have a judge say, declaratory decree, they
should be under Civil Service or not. Now, if they say no --if
the judge says they are not under Civil Service then we forget
about it. If the judge says tc, the Board, you are under Civil
Service, then they must hire under Civil Service without any
question. Is that right, Bob?
Mr. Paulk: That's correct; and if the courts should say
they don't fall under Civil Service, then the very director who
is coercing and intimidating people to forego their rights,
should likewise forego :iis rights under the retirement system.
I, personally, cannot appreciate that, and I hope the City Com-
mission cannot buy that sort of action on the part of someone ---
Mr. Rothstein: I think you ought to explain that, because I
don't understand what you just said.
Mr. Paulk: What I am saying is that Mr. LaBaw was an employee'
of the City of Miami long before he became the Director of Off -
Street Parking. He went up in rank through various classifications,
and finally found his way into the City Manager's office, and from
there he was appointed director; not through the Manager, of course,
but by the Off -Street Parking Authority. He still belongs to the
City of Miami Retirement System. He has some twenty years or
better in a retirement system which he is not leaving, and he has
a right, in the event he should be dismissed or removed from the
Off -Street Parking, to return to a former class under the Civil
Service system, but he denies those rights to the people who work
under him. This I can't understand.
Mr. Rothstein: What he is saying is, Mr. LaBaw, to him, is
a perfect example of why the entire grouping of employees should
be under Civil Service, because Mr. LaBaw himself has the benefits
and advantages which he says Mr. LaBaw and the Authority has de-
nied the other employees. Remember, my opinion was that they
should be under Civil Service. However, there was no effective
way in which this Commission can say do it. 'Sibiu don't have the
authority. That's why they want the lawsuit.
Reverend Gibson: Let me ask this question, Mr. Rothstein.
This Commission. I find it difficult: sitting up here seeing that
we want to treat one part of the employees one way and another
part another way. Is it within the right of this Commission to
invite the authority here and talk with the authority and say to
them what our feeling is, and see if the authority wouldn't go
along with us?
Mr. Rothstein: Yes, sir, but you have done that three times
already, and the Chairman was here, and the Director was here,'and
the Commission three times suggested ---
Reverend Gibson: I'm glad I wasn'. on the Commission then.
Mrs. Gordon: May I ask you a question? Are you saying by
deferring this that you expect the Grand Jury to make the deter-
mination as to whether or not the Off -Street Parking Authority
should only hire people through Civil Service?
2-22-73
20
Mr. Rothstein: No I am not, but it certainly would clear
the aspects of the criminal area, because if they are criminally
doing something wrong then they obviously cannot do it.
Mrs. Gordon: But we are not asked to judge the criminal
aspects; we are simply asked to do something under the moral as-
pects, and I see no reason for deferring this resolution based
upon your reason for waiting for the Grand Jury report. Cer-
tainly if there are criminal violations there they are going to
act on that, but they are not going to act on this, as you just
stated, so I would move this resolution.
Thereupon the following resolution was introduced by Mrs.
Gordon, who moved its adoption.:
•
RESOLUTION NO. 73-130
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY ATTORNEY TO FILE LITIGATION RE-
QUESTING A DECLARATORY DECREE ON THE
QUESTION OF EMPLOYEE STATUS IN THE OFF-
STREET PARKING DEPARTMENT OF THE CITY OF
MIAMI '
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
That the City Attorney be, and he is, hereby authorized
and directed to file litigation requesting a declaratory decree
on the question of employee status in the Off -Street Parking
Department of the City of Miami.
Upon being seconded by Reverend Gibson the resolution was
passed and adopted by the following vote - AYES: Reverend Gibson,
Mrs. Gordon, Mr. Reboso and Mayor Kennedy. NOES: Mr. Plummer.
Mr. Plummer, on roll call, made the following statement:
Let my no vote reflect that I have made my comments here to-
day, and I feel that it was the Board who saw fit to proceed in
this manner, and on the recommendation of the City Attorney I
will vote no.
2-22-73
21
•
21,
GIFFORD AND H LGHLEYMAN"S SUB
The Commission again took up for consideration this matter
which had been deferred from February 8, 1973.
Mr. George Acton, Director of Planning Department: During the
last City Commission hearing on this item, the Commission requested
and deferred until today, based on the fact that they wanted a review
by the Urban Development Review Board, a legal opinion from the City
Attorney as to whether or not the application would meet the criteria
for a Planned Area Development and also a report by the Planning
Department as to the merits of the statement made by the applicant.
The City Commission does have in its hands the recommendation and
review by the Urban Development Review Board. The City Attorney
will now give you his recommendation as to whether or not it meets
the P.A.D.
Mr. Rothstein, City Attorney: I sent around, which I believe was
delivered to the City Commission, my simple memorandum in which I
advised you that in my opinion, this property, being under 3 acres
is not of its own nature and under the terms of the P.A.D. Ordinance
so unique so as to allow its being considered under the P.A.D. Ord-
inance.
Mrs. Gordon: That takes care of the one question and the other
two? The Urban Review Board's opinion.
Mr. Acton: The Urban Review Board has made recommendations to
the Commission and after the Review Board made their recommendation
the department did meet with the applicant and the applicant is
willing to meet all of the coed-tions and recommendations made by
the Review Board and in order to give the applicant sufficient time
to prepare revised plans that would meet the recommendation by the
Board, he is willing, along with the Department to defer this item
until the next meeting at which time he will submit a plan which
meets their recommendations. Now in essence what the applicant,
Mr. Hallo is doing, is to reduce the total number of dwelling units
on this property. He is willing to open up the ground level and
eliminate all the dwelling units there and open up as open space.
He is willing to reduce the floor area ratio. He is willing to
put in a number of planters along the bayfront in the plaaa area,
in the parking lot area,'that will sustain large trees, so I
believe that based on this, that we can come up with a plan by the
next meeting that the Commission can act on, although I do want
to stress it will still require a variance because we, the
recommendation made by the Board is that the Commission follow some
of the regulations that presently exist in the R-CB ordinance.
Mrs.'Gordon: In effect, we are treating it as a smaller than
normal P.A.D. but it then would be entitled to these bonuses
that we are discussing now. We need to defer this then until the
next meeting.
A motion to defer to the matter to the next meeting on March
8th was then made by Reverend Gibson.
The motion was seconded by Commissioner Plummer with
congratulations to Mr. Hollo because he stated, reasonable men
can sit down and iron out their problems and that he was glad to
see the spirit of cooperation.
FEBRUARY 22, 1973
22. REQUEST FOR CHANGE OF ZONING -LOT 1. BLOCK 2. 111ARCELLUS DEARBORN SUB
Mr. Eugene Davidson, Zoning Consultant representing the
applicant Francisco Martinez appeared in connection with the
request for change in zoning classification from R-2 to R-3.
Mr. Davidson: if you analyze this area, you will see that lot
lying immediately northerly of us are R-4 and I have placed 5
color photographs in front of you showing the building at the
corner looking south towards southern end of our property which
is Telco Sub Tract "A". We are caught in between apartments of
high density on the north and the telephone company building on
the south.
Mr. Davidson then exhibited plans to the commission for the
proposed development of the tract 250' of frontage with 300' depth
presently zoned R-2 and emphasized the large dimensions of the tele-
phone building. He said no objections were sustained by the neigh-
bors. He said the proposal would be for 56 units with 88 parking
spaces and offered to make the plan a part of the application so
they would adhere to it aid would provide all off-street parking
as required, landscaping and lighting and all provisions of the
City Code. He said the neighborhood had changes substantially
since the last time .this application was before the Commission
and cited additions to the telephone facilities building and the
bank as examples and that the land was too valuable to be con-
sidered under the P.U.D.
Mayor Kennedy inquired if any objectors were present and
no one appeared in response to the question.
Mr. Acton: I must dispute the applicants comments relative to the
character of the neighborhood. Outside of the R4 spot zoning that
does exist to the north of the property, the entire neighborhood
is uniformly developed as a low density R-1 and R-2 neighborhood.
This particular property has a long history of attempt to change
the zoning on the property to get a higher number of total dwelling
units than presently allowed or that presently would be in character
with the surrounding neighborhood. Since the last time the app-
lication appeared before the City Commission, we have substantially
changed the R-2 classification and after reviewing this property,
we find that the owner and developer could put up as many as 22
units under a Planned Development R-2 application of zoning and
would be in conformance with the surrounding neighborhood and I
want to show the Commission, the prior actions taken on this property.
It starts in 1968. There was an application in 1968, 1969, 1971
anc of course, this most recent applicatior and we are of the firm
opinion that the owner could properly dev _op this property to not
only his own benefit but to the benefit of the surrounding neighbor-
hood and we do not want to see the encroachment of any more spot
zoning in a substantially sound residential low intensity area.
Mr. Davidson said he could have asked for R-4 and would have
eliminated spot zoning but the applicant was asking for R-3,
limiting it to 2-story development. He said this was not spot
zoning and if granted would become a buffer between the R-4 and
the heavy commercial to the south. He said time has changed and
that public pressures would keep this application coming back.
Mr. Acton stated in response to a question by Commissioner
Reboso, that the Telephone Co. Building was put there as a public
use structure without rezoning and advised the Commission that
it would be desirable for them to inspect the area.
FEBRUARY 22, 1973
After further discussion, the following resolution was introduced
by Mrs. Gordon who moved its adoption:
RESOLUTION NO. 73-131
A RESOLUTION TO DEFER CONSIDERATION OF APPLICATION
FOR CHANGE OF ZONING OF N. 250' LOT 1, BLOCK 2,
MARCELLUS DEARBORN SUB FROM R-2 TO R-3 PENDING
INVESTIGATION BY THE DIRECTOR OF THE PLANNING
DEPARTMENT OP THE ADVISABILITY OF CREATING A R-3A DISTRICT
TO ENCOMPASS SAID PROPERTY
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Gibson, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None
23, ESTABLISH -ZONED STREET WIDTH OF MICANOPY AVENUE
Mr. Simpson, Executive Secretary of the Planning Board: Mr. Mayor
this is in conjunction with the re -plat of an area, a small dead
end street that was dedicated for 40'. Our ordinance requires a
minimum S0' street width. The applicant through the re -platting
of the property has requested that they be allowed to :develop
this street that will serve I think, 7 lots, to be established
officially at 40'.
Mr. Mohr: I am Alfred B. Mohn, Vice President of Biscayne
Engineering Company and we have been commissioned by the owner,
Mrs. Mary Webster to prepare a tentative layout and we are asking
for a rezoning of Micanopy from Coacochee to its s. w.ly terminus.
Mr. Plummer: You say rezoning Sir?
Mr. Mohr: Rezoning of the street width from S0' zoning and we
are asking you to rezone it to a 40' width. The original dedication
was for 30'. We appeared before the I1anning Board and received
a vote of 8-1 in favor, of the rezoning.
Mr. Plummer: Why are you asking this and where are you going to
develop?
Mr. Landress: I am Clifford Landress, Architect.
Mr. Simpson: Actually through their re -sub of this area, they
are providing 4 lots in lieu of the 3 that are presently on the
S.E.ly side of Micanopy. Those are very large, very deep lots,
100' in width. They are now making 4 lots out of the 3.
Mr. Plummer: Zoned R-1?
Mr. Simpson: Zoned R-1 and it meets all the minimum requirements
of the City and was recommended by the Plat and Street Committee
and the Board.
Mr. Plummer: Is it your intention Sir to develop this as R-1?
Mr. Landress: Yes, I am the architect. We are developing it
as R-1 and we are developing both sides of the street. The cnly
thing we are doing actually i.s turning the 2 lots facing Coacochee
FEBRUARY 22, 1973
2
into Micanopy to make it a complete development.
Mrs. Gordon: Are you replatting both sides?
Mr. Landress: No we are only re -platting one side.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE. NO. 6871 ,
ARTICLE XXV, SECTION 1, BY ESTABLISHING
ZONED STREET WIDTH OF MICANOPY AVENUE FROM
50' TO 40'
WAS introduced by Mr. Plummer, seconded by Mrs. Gordon and
passed on its first reading by title by the following vote -
AYES: Messrs. Gibson, Reboso, Plummer, Mrs. Gordon and Mayor
Kennedy. NOES: None
24, VARIANCE - _ OTs_4 g_5,__BI nCK_2n,,_BAYSRnRE UNIT NO. 3
The following resolution was introduced by Mrs. Gordon who
moved its adoption:
RESOLUTION NO. 73-132
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE V, SECTION 3 (2) (a), TO PERMIT
CONSTRUCTION OF 10' FENCE FOR PRIVATE TENNIS COURT
ON LOTS 4 AND 5, BLOCK 20, BAYSHORE UNIT NO. 3
LOCATED AT 5555 NORTH BAYSHORE DRIVE, TO BE 5'
FROM NORTH BAYSHORE DRIVE (75' REQUIRED BY SPECIAL
YARD DISTRICT), AND 5' FROM N. E. 55TH TERRACE (15'
REQUIRED); ZONED R-1 (ONE -FAMILY) DISTRICT
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None
25, VARIANCE REQUEST- LOT 11, BLOCK 3, ORANGE PARK
Variance request was to permit construction of single family
residence with side setbacks NF,S of 5' (9' required). No person
appeared in behalf of the application. City Commission deferred
same.
FEBRUARY 22, 1973
1
26, INTERIM ZONING DISTRICT - COCONUT GROVE BUSINESS VILLAGE
This proposed ordinance was outlined to the City Commission
by George Acton, Director of the Planning Department.
Mr. Acton: Mr. Mayor, if you recall, at a prior meeting, you
passed enabling legislation for interim zoning. The purpose of
this enabling legislation was to allow the City to place interim
zoning restrictions on various areas.in the City that were under-
going a comprehensive planning study. The first two interim
districts are before you today. The first one that you are con-
sidering is the Coconut Grove Interim Zoning District. The purpose
of this particular district is to insure basically that undesirable
development will not take place within any of the area that we have
defined as a business village district. We are not concerned about
the area that lies outside of this area because it basically is
zoned single family or estate. or duplex zoning. We believe we have
enough controls within the ordinance to cope with this during that
period of time when we are developing special controls for the
entire Coconut Grove area, but we are vexy much concerned with
that area as delineated, on the map Mr. Simpson has now placed for
your review. The map basically takes in all of the commercial
zoning that lies between Mc Donald, 27th Avenue, the Bay, up to
Tigertail on the North. I repeat that the purpose of this Interim
Zoning District is to place controls, especially within the
commercially zoned districts which do not presently have any type
of height restrictions, any type of set back controls and if a
development were to come within the Grove Village District, it
could destroy the existing pedestrian scale of the entire Grove
area. I will read to the Commission the intent, taken out of the
Interim Zoning District that pretty wellsums up the objectives
the department feels are essential to the preservation of this
particular area within Coconut Grove. Within districts now existing
or which may hereafter be created, Coconut Grove Village Preservation
Interim Zoning District as delineated herein, the map you are looking
at, apply to those properties comprising the Coconut Grove Business
Village. The controls specified herein are designed to regulate
of any uses or structures permitted within existing districts which
would have an adverse or dilatarious affect upon the character of
the business village. The intent of the district is to preserve
those unique and recurring features including scale, vegetation,
street character and pedestrian amenities comprising the overall
character of the area. Development and redevelopment of the land
and buildings within the district should be designed in harmony
with those features comprising the overall character so as not to
unduly impede pedestrian and vehicular circulation and in consid-
eration of land uses and development characteristics of the area.
We have placed within the interim zoning regulations, controls
on those areas zoned commercial that will limit the amount of
height that can be placed anywhere in the business village, that
will insure that any new development will include pedestrian
amenities such as the retention of the low scale of the area,
the inclusion of adequate amount of landscaping for new development
and the inclusion of adequate setbacks in the area. Most of these
controls are aimed at the commercial areas. The only restriction
we placed in the R-C, is that it will require a 20' front landscaped
yard but in the R-C district, the other controls we feel are adequate
to insure proper development in conformance with the surrounding
area.
Mrs. Gordon: Mr. Acton, I have a question. What is the landscape
yard requirements of the R-c Ordinance?
Mr. Acton: The restrictions would be contained within the Off -
Street Parking Ordinance.
Mrs. Gordon: No in the regular R-C Ordinance.
Mr. Acton: It just requires a 20' setback from the front.
What 1 am saying Commissioner Gordon is that the Off -Street Parking
Ordinance requires that in multi -family, for instance, is that
you set back a minimum of 15' of landscaped area. In commercial
zones, you can set back as little as 5'.
26
FEBRUARY 22, 1973
Mrs.Gordon: In an R-C?
Mr. Acton: In any type of commercial use such as an office
building, you can set as little as 5' and one of the -vital elements
that we are very concerned about in Grove development is that we do
retain wherever possible, the wonderful landscaped features that we
have in the Grove. Thats the reason we felt this should be included
in the R-C District.
Mr. Plummer: The only basic change you will propose for the R-C
is the 20' setback and the landscape?
Mr. Acton: That is correct.
Mr. Plummer: I understood the Interim Zoning Ordinance as a
temporary stopgap measure during that period of time that you would
be trying to restudy an area. If that is the only factor which you
wish to incorporate in the R-C and that is your proposal and it is
at this time, why lets say, tie up the property that is R-C? Why
not go ahead before the Commission and put that feature in and not
incorporate that area into the Interim Ordinance?
Do you follow me?
Mr. Acton: Not Quite, the other feature which requires site plan
review in R-C developments but it is just the usual procedure that
we use under site plan review. We want the chance for the department
to take a look at and work with -
Mr. Plummer: I understand that, but the word interim means temporary.
You have already made your proposals for those sections which are
R-C, correct? That you want the 2 things, on site inspection and
rather than including that in the interim, why don't you go ahead
and make the proposal and let us pass that, if that is to be the case
Mr. Acton: In other words, you are saying amend the existing R-C
ordinance? •
Mr. Plummer: Right.
Mr. Plummer: Well except that, that objective is very vital to the
Grove but we have other R-C districts in the city where the same
objective really wouldn't apply.
Mr. Plunmer: I see what you mean. This R-C is particular unto
itself.
Mrs. Gordon: Mr. Acton, I have to recall that the reason this
came about, and I compliment you on this approach for the interim
zoning while the studies are being made, being the necessity for
the preservation of the characteristics as presently exist in what
we call the village, commercial district in the Grove which is so
important to the City of Miami that it be retained. This is
absolutely a necessary amendment for us to take action on, however,
you have included and I find no necessity for the inclusion,
because the characteristics are entirely different, of the
property which is R-C and with respect to the 20' setback.
I believe that the properties, particularly those on 27th that
is included in this and which in my opinion does not belong in
the village concept should, faces a very high kind of development
accross the street as you know. Its presently in construction.
In my opinion, we shouldn't mix the 2 together, we should take
action on this village preservation concept of the C districts
and if other action is needed for the other areas, it should be
handled separately and apart from this interim village business
zoning district.
Mr. Acton: Commissioner Gordon, the one thing Ididn't mention
and I should have to the Commission is the fact the during the
development of this ordinance, we worked with the Coconut Grove
Zoning Advisory Committee. We did meet with a number of other
civic groups within the Grove and before you make up your mind
as to the district boundaries, I do believe it would be wise for
the Commission to listen to various groups that have aided the
department in not only the :'ormulation of the district itself
but the district boundaries. We have done a series of analysis
for the entire area that is;shown on the map and we believe
27 FEBRUARY 22, 1973
that it is vital to include all of that area that is very prone
to development for various reasons but I would encourage you to
include listening to the groups -
Mrs. Gordon: I read the planning board minutes thoroughly so I
am familiar with the things that have been said regarding the item
however your interim zoning calls for R-4 and as we look at this map
before us, I see no R-4 at all within the boundaries you have
delineated.
Mr. Acton: I believe there is R-4 at the corner of Tigertail and
Mrs. Gordon: That's R-C, isn't it?
Mr. Acton: No I believe not.
Mrs. Gordon: Then there is a small sliver there of the R-4 then
but nevertheless if you were carrying the concept to its fullest
extent, why didn't you include the rest of the R-4 that is up
there, may I ask?
Mr. Acton: We did try to include logical boundary lines. We
did feel that Tigertail was a logical boundary line in that area
but your question is well taken and that R-4 area could very well
fall within the limits of the interim zoning district.
Mrs. Gordon: Further than that, the same would apply to the
other side of the street. I see no reason, its arbitrary, that
you have selected the boundaries you have: selected.
Mr. Acton: Well COmmissioner Gordon, I don't want to dispute you
but as I said, we did base our recommendation upon analysis that
showed that within the district boundary lines, there are some
areas that are very prone to development or redevelopment and
that is ,the reason we included that area within the interim
zoning district. We were concerned about development that could
take place within the period of the next year on those areas and
we felt that some type of site plan review and other controls would
be in the interest of the entire Grove area. Especially as it
pertains to landscaping.
Mr. Plummer: What other proposals do you have that you will be
making within the R-c other than the 2 you have just outlined?
Mr. Acton: I believe the inclusion of our planning study will
come up with a new type of zoning district that would apply to
all the high intensity area within Coconut Grove.
I don't believe many of the existing commercial or multi family
or combinations thereof really have the type of regulations that
are needed in the Grove. I believe we have to come up with some
type of special development district for the entire Grove to
make sure we do get the kind of development that everybody wants
in Coconut Grove.
Mr. Plummer: Why was not the area of Grand Avenue east, west of
Mc Donald presently C-4, a real hodge podge, why was that not
included?
Mr. Acton: Mainly because we felt that the development pressures
in that particular area were not nearly as great and didn't need
the type of protection that they do to the east of Mc Donald.
We are studying the area in Coconut Grove. We realize the problems
and intend to work -with NDP in area to come up with suitable
controls. The existing C-4 allows certain types of uses along
Grand Avenue that are really not in the interest of the area
that is included in the NDP area such as general advertising signs,
gas stations etc. We realize additional controls are needed in
that area. We were more concerned about development pressures that
exist right now where we need immediate controls.
28
FEBRUARY 22, 1973
•
Mrs. Gordon: Mr. Acton, can you tell me when this Coconut Grove
Zoning Study will be finished?
Mr. Acton: We have it programmed for the end of this year. We
felt it would take us a year to do this and we have already started
4 months ago on the Coconut Grove Master Plan effort. We do
intend to work with Civil organizations in the Grove, individuals,
NDP, steering committees in the Grove and others.
Mrs. Gordon: Are you targeting the first portions of the study
to the North Grove area and also the area which fronts on the Bay
and Main?
Mr. Acton: We are including all of Coconut Grove in the comprehensive
plan.
Mrs. Gordon: First, you know, targeting in first.
Mr. Acton: We hadn't programmed it that way, mainly because the
gathering of our data necessarily has to be for all of the Grove.
Quite obviously there are many areas in the Grove that don't need
the type of controls or study that we must have within along the
bayfront adjacent to Dinner Key or in the commercial districts so
that will get our first, immediate attention, if that is what
you are saying.
Mrs. Gordon: Yes I am, I am saying that I see you have also not
included within this interim, any of the properties that are
bayfront properties, large tracts of land on Main.
Mr. Acton: Yes that's zoned R1-B and we felt 1 unit per 10,000,
and felt controls that presently exist would -
Mrs. Gordon: Would hold until your completed.
Mr. Acton: Right, .exactly.
Mr. Plummer: This in no way impedes or stops construction.
A man can still build on that and the only difference is now,
that any proposal before he could get a permit would have to be
for review.
Mr. Acton: Thatsright.
Mr. Plummer" By Who?
Mr. Acton: By the Department, Planning and Zoning Board and the
Commission.
Mr. Plummer: In other words, any application for a building permit
would have to go through the normal route of the 3 boards but it
does not impede him from building.
Mr. Acton: Absolutely not.
Mrs. Gordon: Anyone else wish to be heard?
Mayor Kennedy: George, this gives them their administrative remedy
so that they don't go right into Court and say that they have been
denied their rights.
Mr. Acton: Right, we realize the City of Miami City Commission
was very much opposed to a moratorium perse.
Mayor Kennedy: And when we put a moratorium on service stations,
they went right to Court and they got more service stations than
they ever got in their life.
FEBRUARY 42, 1973
4
29
•
This way it will give them an administrative course to go through
so they can go to the Courts.
Mrs. Gordon: This is controlling but not a halt on building.
Mr. Acton: That is correct.
Mr. Collish: The only clarification I would like to have is
that we own some property in the area of Greenwood St. and
Cornelia Drive. This area right there with exception of that
corner, the first 5 lots now vacant which was recently sold to
Mr. Green who appeared here before and also owns the parcel accross
the street and which is not included in this interim zoning, the
rest of the area in that immediate neighborhood has been developed.
Apt. Houses on Tigertail, 'a computer bldg,rezoned & erected on
corner of Tigertail & Mary. Narrow strip of Rc.Land you see there
which compromises the parking lot of the Coconut Grove Bank
which is a parking area and can't be built on if the Coconut
Grove Bank remains. On the other side, there are 2 parking lots
for the bank. If you will go further along Bayshore Drive, there
is approximately 5 acres of property presently under construction
and permits have been granted so that takes care of practically
all the RC area in that whole plan except immediate area of
Greenwood St. Part of the improvements of Biscayne Bay and our
Waterfront Dev. Flan call for the widening of 27th Avenue.
When it is widened, there will be additional 30' taken away from
all property adjoining 27th Avenue. Mr. Acton has mentioned that
all he requests now is an additional 20' from that which removes
S0' from the property. I fail to see any comparison between the
property fronting on 27th Avenue which is very little undeveloped
there now and the main project which was to contain the Coconut
Grove Village Business District. This is the inequity that I would
like to point out and I fully support the idea we contain the
village district to the actual village in question which I understood
was the problem and which we all recognize as the problem and which
we have supported. If we would dilineate the program to that, I
think there would be no objection to the proposed moratorium or
whatever its called but I just can't see putting a restriction
on one side of the street which is about to be widened and not
making a separate plan for the entire RC community.
Mr. Acton: I did want to point out that this inn no way takes
any right from Mr. Collish who does own parcels of land in the RC
district. The existing RC ordinance calls for 20' setback plus
an existing zone right of way width on 27th Avenue. It doesn't
take away anything from development of your property presently
existing excepting a 20' landscaped front yard area.
Mr. Collish: This is not what I understood you to say before
because landscaping is one thing. Setbacks are another. In the
proposal it mentions setback of 20'.
Mr. Acton: The 2 are used simultanecusly. You must setback 20'
and within that 20', you must landscape. It doesn't require
20 and then 20.
Mr. Collish: It doesn't require 20' now though.
Mr. Acton: Yes it does within the RC. It requires a 20' setback.
We are not changing that whatsoever. The only restriction we are
placing is that you must landscape your front yard.
Mr. Collish: If that is the only problem we have, why do we
include this problem in the moratorium and make this issue of it?
Mr. Acton: I am merely stating that the existing ordinance
requires a 20' front setback for your building where this existing
ordinance does not require that this front yard be totally land-
scaped.
30
FEBRUARY 22, 1973
which we have issued but actual construction may not be underway.
Mrs. Gordon: It would be interesting to know because how long is
a permit good? before construction must begin?
Mr. Ferencik: Conceivably up to 180 days.
90 days from its original issuance and the building code permits
an extension of 90 days.
Mr. Rothstein: Seeing Mr. Colson in the audience, it brings to
mind. I presume he is here on the downtown government center,
obviously Mr. Revitz building with the variances granted by the
Commission would be included under this.
Mr. Colson: Right. We are underway but we don't have out building
permit. The City Attorney says there is no question that this is
not retroactive but the building department would like to have it
clarified. We just wanted it clarified too.
Mrs. Gordon: What I was thinking about was a permits that may be
issued and extensions requested which would be just circumventing
the intent of this ordinance.
Mr. Rothstein: A building permits thats been issued, they can
build on it providing it doesn't run out.
Mr. Ferencik: A building permit when its issued under the terms
of the building code is valid for 90 day period. The extension of
the additional 90 days is really discretionary. You don't have to
extend for the 90 days.
Mr. Rothstein: Well then I would say 90 days is the period. If
they haven't started construction by 90 days, then they have to
come under this.
Mr. Ferencik: For instance, I don't t.hink that a substantial amount
of permits evolved in these 2 areas you are considering this morning.
I don't think there have been a substantial number of permits issued.
the z.11iance machinery building, everybody recognizes, that's already
under permit and they are in the process of tearing the building down
and actually doing some foundation exploration on that building.
There may be a couple of other buildings that are involved in this
Grove area. The building downtown really isn't under permit yet.
There is, we have no building permit issued on the office building
downtown :but the variances have been issued which authorize the
construction of it. If somebody just wanted to perpetuate a building
permit, why all they would have to do is go out every 90 days and
perform some work on the site and this would automatically extend the
building permit for 90 days.
Mr. Rothstein: The terminology in section 9 only deals with items
that have been approved b7 the City COmmission, nothing else, only
that specifically deals with things you have heard and you have
approved, nothing else.
Mayor Kennedy: Is that section 9 under both of them?
Mr.Rothstein: Yes that would be entered under section 9 under both.
Mayor Kennedy: Any other pros or cons on Item 13 dealing with the
Coconut Grove District?
F. Mc Intyre: I am Frances Mc Intyre, 1855 South Bayshore Drive,
president of Dade Heritage Trust. I am here to express support
for the interim zoning proposal of the Coconut Grove Business
District. Coconut Grove is a unique area in Dade County, unique
in its people, history, topography and vegetation. The village
business district has been used as its business district from the
very beginning in the 1800s. In and around the district are many
of the earlier structures in Dade County built by determined pioneers.
This year Coconut Grove celebrates its centennial year, fully 23
years ahead of the City of Miami. The past must be considered when
planning for the future. Our organization has been in contact with
the Planning Department and we are working on a historical survey
31
FEBRUARY 22, 1973
I know you are sympathetic to Grove objectives and realize any
project you would do in this area would be within the framework
of the Grove objectives including landscape but there are others
in the R-C district and I don't know if they share your viewpoint.
We want to make sure when they do develop that we will get this
same type of amenities.
Mr. Collish; The bigge*t landowner there, the Sh acres is out
of your plan by a virtue of a permit. Thats already gone and the
rest is very small. I don't know. I just feel this area shouldn't
be in this particular program.
Mr. Schutt: My name is John Schutt and I am here in 2 roles, as
a vice president of the Coconut Grove Chamber of Commerce and
also a business owner in the grove. I own about 1h acres of
business property. Executive Board has endorsed this resolution
and rather than bringing'a number of businessmen here to speak
before you, I have been asked to represent them.
We are for this ordinance and we feel it will help preserve the
Grove atmosphere and help control some of the high density devel-
opment by the interests in the Grove particularly in the downtown
business area. Parking and traffic congestion is a problem and
we hope this ordinance will be passed and will help to allow some
control over an area which we consider to be a unique area of
Miami.
Mr. Emmer: My name is John Emmer and I am the president of the
Coconut Grove Civic Club. As you recall, I spoke on behalf of
the ordinance, the enabling act. I would also like to reaffirm
the Coconut Grove Civic Club's support of the particular enactment
here for the Grove itself, in support of the Chamber of Commerce
and our group also. Thank you.
Mr. Rothstein: Mr. Acton, prior to this hearing asked me about
projects for these 2 district which you had already taken up and
approved. You had seen the plans and there has been the site plan
work by the department and he asked me and said his intention was
that this ordinance shou;.d not cover those because it had already
been done and I said well, the way its writte,n, they are not
excluded so he asked me to prepare this section 9 which excludes
any project which has already been appeared before the City
Commission and upon which the City Commission has enacted insofar
as they may receive Building permits pursuant to the action of the
City Commission and that is what I just handed out to you.
Mrs. Gordon: Which properties does this refer to?
Mr. Acton: The question has come up whether or not any prior
actions by the City Commission will impair the right of property
owners to develop, if he had a building permit or if he had obtained
a variance, in an interim zoning area, and so Mr. Rothstein suggested
that this be placed in the 2 districts you are hearing today. If
he has a building permit or a variance, he will not have to come
back before the Commission in an interim zoning district.
Mrs. Gordon: Are there any properties that fall in that category.
Mr. Acton: The one mentioned by Mr. Collish, the Alliance Bldg.
property where Ryder, thats right, they already have a permit.
Mrs. Gordon: They are in construction aren't they?
Mr. Acton: Right so they wouldn't -
Mrs. Gordon: I am talking about those not in construction that
may have a permit, are there any?
Mr. Acton: I can't answer that, Mr. Ferencik would know.
Mrs. Gordon: Okay, Mr. Ferencik?
Mr. Ferencik: Without checking our records, I wouldn't know absolutely
what permits we've issued but there are some permits in this area
32 FE.BRUMY 22, 1973
and documentation for their use in their planning. This proposal
contains a method of monitoring structures and their uses within
the business district. This monitoring is long overdue For
example, we now have an adult bookstore just a few feet from St.
Stevens day school, 5 F 6 year old children. The proposal is not
a moratorium designed to cause hardships on owners or would-be
developers. It is a method of insuring that development is not
detrimental to the area. Surely a responsible developer would not
build a detriment in the first place.. Its not good business. It
is a proposal to encourage community responsibility with respect
to the past, present and the future. Our organization in its work
for historic preservation avows you cannot separate the present
and thw future from preservation of the past. The 3 can and should
be harmonious. This proposal offers time to plan for harmony.
Please give Coconut Grove this time that it may survive. The one
area seems to be in question is the area along 27th Avenue. It
occurs to me that it might be helpful to those present to see
Mr. Acton's Departments plan that shows the existing structures in
that area. There are still a great many single family little houses
in there, some of them quite old. They are very very vulnerable to
high-rise development and that's what this is all about. That's
why that area is included in this plan because its vulnerable.
Mrs. Gordon: Let me clarify that point right now because this
interim zoning does not limit the height in the RC. If you have
read it, you've seen that. You are talking about limiting the
height to the characteristics of the low rise development there in
the RC, it is not so.
Mrs. McIntyre: I am talking aboutthe monitoring of what does
go in there so that it can be compatible, as compatible as possible,
with the entire area,
Mrs. Gordon: Right, I agree with you on some of the points you
stated since I was the one that did introduce the idea of the
preservation of the business district in a historical fashion so
I am not in dispute with you but I do disagree with the planning
department's dileneation of the area and terming it, as they do,
Coconut Grove Business Village Interim Zoning District and I would
recommend that the District be limited to the Business District
because it is the characteristics of the village uniqueness that
must be preserved for all of Dade County and that we take all of
the R-c and R-4 properties that fall into some other interim class-
ification needs for controls together and we don't limit it as I
see on that map, one side of the street and say the other side
can go and do as they please. That isn't right. If you are
going to control, you are going to control in its entirety and not
do it in the fashion that I see on that map and I object to it
the way.its being done.
Mrs. McIntyre: As I unc4rstand it, this particular area is what
they consider the most vulnerable and surely its close enoughto
the business village, that what does go on in there has got to
affect 2 blocks away. We've got too many people around here these
days and you must consider what you do in relationship to your
neighbor and the community. We don't have 3 acres per person so
we could do what we want without affecting our neighbor. What
you do 10 blocks away from me, influences me and so this area
being what they consider vulnerable and it looks that way to
me is included so they can protect the actual village section
Mc Farlane and Main there but what happens2 blocks away, has got
to affect that same area, I think that is why its included and I
personally feel that it should be. Thank you.
Mayor Kennedy: Any other speakers on this item?
Mr. Collish: I just want to reiterate one thing. First, I am
a member of the Chamber of Commerce of Coconut Grove, I'have been
very active in all facets of the Grove activity. Approximately 4=5
years ago, there was an attempt made to rezone 27th Avenue into C-2.
Those of ,us that owned R-C property there went along with the
Grove and said that this type of commercial development would be
detrimental to the village and we defeated that proposal even
though that would have increased the values from a commercial
standpoint of the property along 27th Avenue.
FEBRUARY 22, 1973
3:3
• •
We are still infavor of helping the Grove retain its characteristics.
We fail to see where the property which, 1 of which is already under
developmentinder permit, to be developed into highrise, whythe
very few, I think there are 4 property owners left, should be put
under restrictions or under restraints to develop the property
for which they ;originally purchased it under the existing zoning
which was R-c. We have not asked for anything except to be able
to use the property under that classification and we have never
considered this property to be a part of the actual Coconut Grove
Business District because the zoning is on that map and the district
is on that map. Why that R-c was added, I fail to realize and that
is the only objection we have.
Mr. Black: My name is James Black, a director of the Coconut Grove
Civic Club. George Acton has spent many hours with the various
groups in the Grove and has done an outstanding job in determining
what he needs to study first and I would just point out that is is
not an attempt to stop anybody from building anything, it is merely
an attempt to review the plan and as we all know, the R-c Zoning
ha:. caused the major problems ir: the Grove. This is where the
problems have come from so somebody should spend the time to review
the plans that go in there. I agree that there are other areas
within the district that should be included in '-..the plan, ok,
somebody has to draw some lines someplace. Somebody has to say, ok,
these are going to be the boundaries. If you want to put the other
R-4 areas in or include the other part accross the street, fine, I
think that would be terriffic. The point is, Mr. Acton has made this
decision and his department made this decision to say OK, these are
the boundaries and these are reasonable and the fact that R-c area
has a tremendous impact in the Grove and it should be looked at by
you and the Planning and. Zoning Department and the Planning and
Zoning Board. I know Mr. Collish is in favor of everything we are
trying to achieve by this but I think to take the guts out of this
thing, would destroy the examination of this area which has a tre-
mendous impact on the rest of the Grove.
Mrs. Gordon: I have gone on record in favor of the preservation
district concept. I think we are mixing peas and porridge in this
treatment as we are taking it today and I am going to move it in
2 parts. First, that we adopt -
Mayor Kennedy: Let me see if there is any further discussion.
Is there anybody else that would like to speak before Mrs. Gordon
makes her motion?
Mr. Acton: I meant to include, under section 3, under use regulations.
we should amend, #10 to say Bookstore for the general public and
Stationary store. It might be after the fact but -
Mrs. Gordon: I would move to adopt this Coconut Grove Interim
Business Zoning District deleting the portion East of Mary, presently
zoned R-C and retaining the balance of the property in the interim
business village zoning district and including into the use regulations
3, Item 10, "Bookstore for General Public and Stationary", Bookstore
and Stationary Store for general public.
Mayor Kennedy: It will include everything, what will it take out?
Mrs. Gordon: It will include all the village as we now know as
the village. The true business district. The stores, the shops.
Let me say that I have a 2nd motion Mr. Mayor which will then take
in the rest of the property.
Mayor Kennedy: Before we vote on your first motion. Tell us what
the second motion is.
Mrs. Gordon: It would be my opinion that just to include this one
little segment of property is as I said before, wrong, that if we
are going to consider controls for the Grove, we should consider
them on a wider basis. If we are going to consider site -plan
review for R-4 and R-c, we should consider it for all of the North
Grove and so therefore if we are going to do it that way, the
Planning Department should give this approach study and come back
to us with a recommendation in that line.
3 Li
FEBRUARY 22, 1973
• •
Mr. Rothstein: Because of the enabling ordinance, it provides
that notice be given to al: those with whom property is concerned
in this type of interim district. I think what you would have to
do rather than hope to cover a specific district today, is to
direct that the Planning and Zoning Board have a hearing on the
district that you want to be included immediately on sending out
notice and bring it back up.
Mrs. Gordon: That is the intent because as I see there, there is
an R-4 directly facing this district that has never been included
and others to the East that should be included so therefore for
the purposes of todays actions, I want to include it only on the
business district.
Mayor Kennedy" Mr. Acton, you have heard her motion. We will
see if there is a second to her motion? Is there a second?
Mr. Plummer: I would like to hear Mr. Acton's comment on that.
Mayor Kennedy: Mr. Acton, would you comment on this?
Mr. Acton" The Department would be glad to further study the, any
commercial or multi family areas that lies to the East of Mary
Street and North. Its just that we felt, that we were trying to
include those areas within the R-C and R-4 that we know are prone
to development right now but I understand what your statement is
and we would be glad to study a,ll of that area and come back at a
later date, but it would have to go back before the Planning and
Zoning Board which will take additional time to do so.
Mayor Kennedy: You still stick with your original recommendation?
Mr. Acton: Yes, we believe there are areas within the R-C that
are prone to immediate development and we would like to be able
to monitor any development that takes place in that area now,
and we could still come back and make a recommendation to include
the additional areas Zoned R-C and R-4 at a later date and take it
back before the Planning and Zoning Board.
Mayor Kennedy: You have heard the recommendation of the Planning
Department. Mrs. Gordon's motion is on the floor, is there a second?
Is there a second to Mrs. Gordon's motion?
The chair doesn't see a second, is there another motion?
Mr. Plummer: Let me just express my dil'emma. My di'•lemma is this,
I wholeheartedly agree with what Mrs. Gordon has said that this area
needs to be enlarged and I think I have pointed out those areas that
I think feel to be enlarged but I would hate to lose what has been
presented before us, just for the sake of enlargement but there
again, I have to say its unfair to impose upon one when we in fact
want to impose a greater area. I have always envisioned the so-
called village of the Grove and I think its delineated on the maps
that are put out by the Chamber of Commerce, what is the village
and it surely is a great deal more than what is shown here and I
would hate at a later date for anyone to come back and say we have
picked on these particular people without in fact doing the village
as I know it, and that's why I am in a dilemma to make another
motion. Mr. Acton, if we were to increase the dimensions of this,
how long would it take Sir?
Mr. Acton: We could take it back before the Planning and Zoning
Board in 3 weeks. We already have the base data assembled for it.
Its not a matter of a complete study, we already are under way
and know the characteristics of the area. I just want to stress
again, the fact that there are some areas within that R-C district
that are prone to immediate development.
Mr,.Rothstein: Commissioner Plummer, may I point out this.
This Ordinance cannot be passed as an emergency and that the time
loss on this area that you are talking about would be much greater
than just the 3=4 weeks etc. What Mr. Acton has pointed out
was that there may be within this time limit, unless we pass this
portion today, some activity that may be detrimental and that is
why he made his recommendation that this area be proceeded on at
r
Jo
FEBRUARY 22, 1973
• •
this time and this Commission can make a motion directing the
rest of the procedure for the enlarged area as soon as possib le.
Mr. Plummer: What about now and the 2nd hearing if we wish to
delineate part of it?
Mr. Rothstein: If you wish to delineate part of it, you certainly
can at the 2nd hearing.
Mrs. Gordon: May I ask a question of you Mr. Acton since you made
a statement? Which properties are you speaking about that are
subject to immediate development?
Mr. Acton: There are quite a few vacant parcels of land within
or adjacent to Mr. Collish'sproperty in that area that are
prone to development and also on the south side of Tigertail.
Mr.Plummer: Here again, this ordinance is not going to impede
that development.
Mr. Acton: Unless they take a permit out within the next 30 days
which is the time this Interim Zoning District would become
effective.
Mr. Plummer: Even if we pass it in total today, they could still
take out a permit in the next 30 days.
Mr. Acton: That is correct. Its not out peroggative to say yes,
or no, today and be final.
Mayor Kennedy: Why can't we pass this on an emergency basis Mr.
Rothstein?
Mr. Rothstein: Because its under the nature of an interim planning
area, planning district. If you tried to pass it as an emergency,
it would be open to attack in the courts, further down the line,
somewhere in the 18 months so that we might have somebody coming
in 6 months from now and trying to make an application and take
it into the courts and if we find that the court would not rule
that is was an emergency, we have lost everything and all of the
time and all of the delay. One thing it will do if we get is
passed, understanding there is ;ome time differentiation. What
you could do is not pass it as ,in emergency but at a second meeting
today, pass it on second reading.
Mayor Kennedy: The whole thing is in this 30 days, everybody can
do what they want. If we pass it this afternoon when we come back,
could we?
Mr. Rothstein: It would eliminate the 2- week period and then
the 30 days.
Mayor Kennedy: The 30 days would run from today.
Mrs. Gordon: Where is your concern for an immediate permit being
taken out?
Mr. Rothstein: That is Mr. Acton's concern.
Mr. Acton: Within the area delineated. I know there are -
Mrs. Gordon: Not in the part I was eliminating.
Mr. Acton: Yes Maam.
Mrs. Gordon: There is an immediate concern?
Mr. Acton: Right.
Mrs. Gordon: Well in that case, I will withdraw my motion. I
didn't know there was an immediate concern. I will move the
entire area.
36
FEBRUARY 22, 1973
Mr. Collish: The only answer I would like to have, which property?
Mr. Acton: I believe its the property on the corner of Tigertail
and 27th Avenue.
Mrs. Gordon: I will move the entire package.
Unidentified Man: The people I don't think seem to realize that
thisdoesn't stop building that is going on in this particular area.
All we are saying is that you are affording the people who are
living in the Grove, who have lived under the fear and have seen
the fear realized when the building starts, no one has known what
has taken place before the Commission, Fair Isle is a good example.
The things that have gone on over there. All of a sudden we have
got variances, started building. I am not talking about this
Commission. Many of these things have happendd at Fair Isle, did
not come before this Commission. Many of us weren't even born
when these things took place. Nonetheless the people in the Grove
want to the opportunity to see what is taking place. We can expand
the district very easily next week. We cannot have the review of
the thins that are in the district now if we don't pass. We have
seen what has taken place with the pollution controls. The rush to
get building permits when the t:.me arose was fantastic. We are
going to have the same thing happening when the federal law comes
into affect in January 1974. All we are -doing is saying, this is
a further review. Mr. Collish is not prohibited from building.
This is the thing we have got to stress.
Mrs. Gordon: I have already moved the entire parcel, I don't know
if there has been a second to this.
Mayor Kennedy: Mrs. Gorion moves the passage on first reading as
presented by Mr. Acton.
Mr. Rothstein: Right and included in the ordinance now is a waiver
of 2 days separate reading.
Mrs. Gordon: And also the change in
delineated before.
the use
of item #10 as
Mr. Rothstein: And adding section 9.
Mayor Kennedy: Please read it by title Mrs. Gordon.
Thereupon an ordinance entitled --
AN ORDINANCE ESTABLISHING A COCONUT GROVE BUSINESS
VILLAGE INTERIM ZONING DISTRICT AS PER ORDINANCE
NO. 6871, ARTICLE IV, SECTION 39, AND APPLYING SAID
REGULATIONS TO THE AREA DEFINED ON THE MAP, ATTACHED
HERETO AND MADE APART HEREOF; AND BY REPEALING ALL
LAWS IN CONFLICT HEREWITH; AND WAIVING THE REQUIREMENTS
OF READING THIS ORDINANCE ON TWO SEPARATE DAYS BY A
FOUR -FIFTHS VOTE OF THE COMMISSION
was introduced by Mrs. Gordon, seconded by Reverend Gibson and
passed on its first reading by title by the following vote - AYES:
Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor
Kennedy. NOES: None
Mayor Kennedy: We will have the second reading when we come back
this afternoon.
Mr. Rothstein: You can have it now, the second reading.
37
FEBRUARY 22, 1973
• •
passed on its first reading by title at the meeting of February 22,
1973, was taken up for its second and final reading by title and
adoption. On motion of Mrs. Gordon, seconded by Reverend Gibson,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote - AYES: Messrs.
Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy.
NOES: None
Said Ordinance was designated Ordinance No. 8142.
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 73-133
A RESOLUTION REQUESTING THE PLANNING DEPARTMENT TO
HOLD PUBLIC MEETINGS FOR THE PURPOSE OF POSSIBLE
INCLUSION IN THE ORDINANCE ESTABLISHING THE COCONUT
GROVE BUSINESS VILLAGE INTERIM ZONING DISTRICT OF
ADDITIONAL R-C AND R-4 PROPERTIES IMMEDIATELY SURR-
OUNDING THIS DISTRICT AND ANY OTHER PROPERTIES WHICH
RE DEEMS ADVISABLE TO BE INCLUDED IN SUCH A DISTRICT
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None
38
FEBRUARY 22, 1973
•
27, MIAMI-DADE COUNTY GOVERNMENT CENTER INTERIM DISTRICT
Mr. Acton, Director of the Planning Department: Mr. Mayor
and members of the Commission. I will read our recommendation
into the record on this particular interim zoning district.
the proposed interim zoning district for the downtown governmental
center was developed in response to the City Commission's request
of September 7, 1972, concerning means of preventing undesirable
development in the vicinity of the proposed Miami -Dade Governmental
Center. On the Revitco Building, it was pointed out that the
perimeter of the proposed governmental center area does contain
certain zoning classifications that would permit uses basically
that would not be compatible or in harmony with the governmental
center when it is developed so recognizing that the government
center complex will become a focal for many social and business
activities as well as a dominant physical component of the
downtown core area, it is essential that surrounding development
be compatible in nature and harmonious in design. Towards these
ends, the interim zoning ordinance provides a temporary measure
of control over adjacent private development and until a compre-
hensive zoning and development plan can be prepared. As I told
the Commission on a prior occasion, the downtown zoning study is
anticipated to be completed in the month of July. Three areas
of potential private -public conflict are addressed by the interim
district ordinance. Land use activities. Pedestrian -vehicular
circulation and site and pl,tysical design. To prevent obviously
conflicting uses that are not restricted by the present ordinance
from locating too near the center, a detailed list of desirable
and compatible uses that will be permitted within the district is
defined. Under special circumstances, certain questionable uses
may be conditionallypermitted but all others not so mentioned are
prohibited. In keeping .‘.with the current principles of sound
planning, building setback requirements have been modified to
insure that adequate pedestrian amenities will be maintained or
enhanced along adjacent streets. Wider pedestrian ways, plazas,
court yards and public terraces are desired end products of this
modification. A third area of control provides for design review
of development plan. The site and exterior physical designs will
be reviewed at a public hearing to insure the consistency of
harmony of public and private physical elements. Basically the
proposed governmental interim zoning district does surround as
shown on the map, the area designated by the City of Miami -Dade County
Federal Government, as that area which will eventually be developed
as a governmental center and we have a substantial list of uses which
are included in this district which we believe are compatible uses.
and will not have a dilatarious affect on the government center when
it is developed.
It does in terms of yard, lot coverage and floor area ration, pretty
much conform to the existing ordinances, although we have provided
that any development must give the City and Dade County, pedestrian
amenities within their development rights. It also includes a
section termed "Exceptions" wherein the City Commission may provided
certain findings have been made, deviate from the existing zoning
ordinance regulations. The reason we put this in here was basically
realizing that the existing commercial C-1, C-2, have a floor area
ratio of 2.0 and when I asked the Downtown Zoning Consultant if the
existing floor area ratio should be modified since the Commission
did grant Mr.Revitz a variance of 5.5, his answer was that until
the Downtown Zoning Study was completed, we should ahere to our
present zoning regulations in terms of floor area ratio and he felt
there would be a substantial amount of information generated by the
time any particular applicant comes before the Commission and we
can give an adequate judgment as to whether he should or should not
be entitled to the exception.
39
FEBRUARY 22, 1973
Mrs. Gordon: I don't understand that approach at all. We granted
a, what was that ratio we granted?
Mr. Acton: 5.5
Mrs. Gordon: And now we are trying to hold the interim down to
2.0?
Mr. Acton: Correct.
Mrs. Gordon: And we are supposed to think that is the proper thing
to do?
Mr. Acton: Right, as I said, this was based on the recommendation
of our downtown zoning consultant and he did recommend nat. w., do
not change the existing ordinance until the downtown zoning study
is complete. He doesn't believe that 5.5 in that area around the.
downtown governmental center, or any other area further north should
be changed at this time, that the Commissioners should review
each particular application on its own merits and if they do believe
an exception is warranted, they could do so under this interim
zoning ordinance.
Mrs. Gordon: Not true, because this interim zoning ordinance
specifies 2.0. You would have to take the same approach of
varying again.
Mr. Acton: Commissioner Gordon, we have a section called exceptions
which would be granting as an exception to the interim zoning
ordinance based upon findings. Its under section 6, sub -paragraph 3.
Flagler Street:
Mr. Plummer: Let me ask a question. Does this area encompass, lets
say, south of Flagler from the railroad track all the way to the river?
Mr. Acton: It only goes from Flagler to the expressway.
Mr. Plummer: How much is between the expressway and the river?
Mr. Acton: About 1 block, well it varies in the area.
Mr. Plummer: Why would you include something that I consider to
be a parcel and leave one block out?
Mr. Acton: We believe that the physical barrier formed by the
expressway physically blocks, is wide enough and is big enough in
scale, so that it physically blocksthe development that might
occur between that area and the governmental center. We are
concerned about the immediate development within a one block area
on the perimeter of the proposed governmental center area.
Mr. Plummer: It seems to me the natural boundary of the parcel is
the river.
Mr. Acton: Your point is well taken. We believe that the express-
way structure being very massive, very wide forms in this particular
case much more of a physical barrier or limitation between the
governmental center area and contiguous or adjacent development.
Mr. Plummer: Your point is well taken but I don't agree with you.
Mr. Krystal: Members of the Commission, I am A. J. Krystal, I am
attorney representing Max Bauer Meat Packers and Rapid Foods who
presently have a large plant where they package meat products for
the armed services and others under the supervision of the U. S.
Department of Agriculture. They are located on 5th Street in this
area here is their factory and they have parking here. Everything
is already completed and they have been there for many years and
just recently this year completed a beautiful new addition to
their plant. They have full belief in what you contend and are
intending to do here and are not objecting in any way but are
concerned with the procedure in which this ordinance appears to
be draft,:d. We notice that rather than create a new section of
the ordinance, roman'numeral section of the ordinance which
40
FEBRUARY 22, 197
•
have been 29 as a zoning district as all the other districts are
set out, it apparently adds this interim district at the end of
roman numeral 4 and then if you couple this with a reading of
section 8 of the ordinance, my client was fearful that it could
be construed to mean that if the zoning changes the use which he
now has, that he would be denied h:is right to continue it as a
non -conforming use under the existing section 29 of the ordinance
and therefore we were concerned with the way this ordinance was
drafted that it not by putting in this interim zoning which is
I think in essence, upgrade the zoning or the neighborhood and
perhaps no longer permit this use and that he would not be closed
down as a result of this ordinance. I don't think that was the
intent of the draftsmanship but by the virtue of the way it is
numbered and section 7, not section 8 of the ordinance, he had
this concern and asked me to make certain that this could be
clarified -
This makes a reference, it says of the regulations but it does
specifically use the language that all buildings etc. may be used
only in accordance with the ordinance but by the fact that it is
coming in under roman numeral 4, at the end of it, rather than a
zoning classification, we are jest worried that it that there might
be a construction that said that the non -conforming uses didn't
apply to this interim zoning area. I don't believe that was your
intent.
M.•. Acton: That is the exact reason that section 7 was placed
in there so the other sections that are applicable which is such
as non -conforming use or off-street parking would apply. We didn't
feel like we wanted to repeat other sections of the ordinance to
make this too lengthy and bulky in content.
Mr. Rothstein: Remember this is an interim ordinance and finally
there will be amendments to the general ordinance and it may be
at that time, it will affectvour client, but this one doesn't.
Mr. Krystal: Well as I say, I was sure that was your intent but
in reading the way it was numbered, he was concerned by the virtue
of the fact that you are changing the zoning so that he will be a
non -conforming use, that he was still entitled to the non -conforming
sections of the statute.
Mr. Rothstein: 'He will not be affected by this enactment today.
I am not saying what will happen 18 months down the road or wherever
when we do our revision of the code in that area, thats another story
but this ordinance today will not affect you.
Mr. Krystal: Thank you.
Mrs. Varner: I am attorney Marjorie Varner and I represent Susanne
Harvison who owns property and operates an automobile warehouse and
a foreign freight forwarding business at the location that I will
indicate. Her property is located corner N.W. 1st avenue and 6th
street. My client acquired the property March 1958 and has occuppied
it continuosly since March 1958 as an automobile warehouse and in
conjunction as a freight forwarding foreign expeditor. The Harvison
International Freight forwarders.
Mrs. Varner outlined her client stored cars for the U. S. Gov-
ernment in her warehouse and under her contracts with these various
U.S. departments that some of the cars were stored outside and that
these vehicles were sold at periodic auctions and bidders had to be
able to see them emphasizing that such sales were quietly held and
did not constitute any annoyance to the neighborhood. She pointed
out that under section 4, limitation of uses of the proposed ordinance
paragraph 1 says, except for automobile parking lots, all activities
including sales, display, preparation and storage, shall be conducted
within a completely encicsed building. Sub paragraph 2 says, as
follows: no secondhand or used merchandise shall be offered for
sale, displayed or stored except in connection with an antique store,
art or auction gallery.
Mrs. Varner pointed out that Mrs. Harvisons stored automobiles
are all used cars and that it wasn't always possible to get them
all inside the warehouse.
4i
FEBRUARY 22, 1973
Mr. Rothstein: Maam. You met with one of my assistants yesterday
and do I understand that your concern is whether or not this
ordinance will affect the continued use by your client of the
property?
Mrs. Varner: That is our fear, that this ordinance will restrict
my client in the continued operation of the warehouse and also
the freight forwarding business.
Mr. Rothstein: Maam, may I say that as I said to the attorney
before you, that this interim ordinance will not in any way
affect your client for the existence of this interim ordinance
which is the 18 month period in the ordinance. During the course
of the 18 months, final detailed planning studies and recommendations
will be made to the Commission. What will happen at that time and
how it will affect your client at that time, will be given by
notice to your client but as to this ordinance that they are
passing today as proposed, it will not affect your clients use
just the same as it does not affect the use by the other gentleman
who was just before you.
Mrs. Varner: This ordinance should include an exception of
businesses already being operated in :his area which is threatened.
Mr. Rothstein: It does not affect the zoning insofar as existing
businesses are concerned.
Mrs. Varner: Why not say so?
Mr. Rothstein: Because it is ar interim ordinance that is intended
for interim planning purposes orly. We don't feel the need to put
it'in there.
Mrs. Varner: I respectfully submit that that is your opinion and
as an attorney and what may later occur and be determined by the
courts may be entirely different from what your opinion is, I still
think this exception should be included in this proposed ordinance,
that operatingbusinesses are excluded from coverage by this
ordinance.
Mr. Rothstein: It might be that if they had to get into the specific
issue of whether businesses should be concerned, whether the Planning
Department should be concerned with businesses today as opposed to
later on 18 months fromt now, their recommendation might be to effect
your business. In other words, this Commission is now being given
an ordinance by the Planning Department which says we are not
affecting anybody who is presently there, we are affecting those
who are comingin for building permits and applications. If you
force the Commission to study the issue of whether or not this
business will be affected by a new zoning, they might recommend
something that you might not want and as to the court saying something,
the only way someone could initiate action against your client would
be if the City initiated action and all of the departments concerned
understand the intent of this ordinance is not to affect anything
existing there now. They are not making any determination now as
to whether anything should be done about those businesses. That
will be done after the planning study. The only way they could
accept it and leave it out is to then make a study and say to the
commission, we have found this and that.
Mrs. Varner: I wish to file that objection.
Mr. Rothstein: That you can do.
Mrs. Gordon: Anyone else wish to speak or comment on this?
42
FEBRUARY 22, 1973
4t •
Mayor Kennedy: The chair will recognize a motion.
Mrs. Gordon: I'll move it. with the section 9
Rev. Gibson: Second:
Mr. Southern, City Clerk: Is this also dispensing with the
requirement of reading on two separate days?
Rev. Gibson: Yes.
An Ordinance entitled -
AN ORDINANCE ESTI.BLISHING A MIAMI DADE COUNTY
GOVERNMENT CENTER INTERIM ZONING DISTRICT AS
PER ORDINANCE NO. 6871, ARTICLE IV, SECTION 39,
AND APPLYING SAID REGULATIONS TO THE AREA DE-
FINED ON THE MAP ATTACHED HERETO AND MADE A
PART HEREOF, AND BY REPEALING ALL LAWS IN CON-
FLICT HEREWITH; DISPENSING WITH THE REQUIREMENT
OF READING THIS ORDINANCE ON TWO SEPARATE DAYS
BY A FOUR -FIFTHS VOTE OF THE CITY COMMISSION
was introduced by Mrs. Gordon, seconded by Reverend Gibson, and
passed on its first reading by title by the following vote - AYES:
Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor
Kennedy. NOES: None
passed on its first reading by title at the meeting of February 22,
1973, was taken up for its second and final reading by title and
adoption:" On motion of Mrs. Gordon, seconded by Reverend Gibson,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote - AYES: Messrs.
Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy.
NOES: Npne
Said Ordinance was designated Ordinance No. 8143.
43
FEBRUARY 22, 1973
4
28, AMENDING ORDINANCE 6945-CIVIL SERVICE RULES- "TRANSFERS"
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 6945 pASSED
AND ADOPTED NOVEMBER 15, 1961, APPROVING THE
CIVIL SERVICE RULES AND REGULATIONS OF THE CITY
OF MIAMI BY REPEALING THEREFROM SO MUCH OF
SECTION 2 OF RULE XIII, ENTITLED "TRANSFERS",
WHICH READS "SUCH AN ASSIGNMENT SHALL INVOLVE
NO CHANGE IN COMPENSATION"; REPEALING ALL ORD-
INANCES, CODE SECTIONS, OR PARTS THERE OF IN
CONFLICT; CONTAINING A SEVERABILITY PROVISION
passed on its first reading by title at the meeting of February
8, 1973, was taken up for its second and final reading by title
and adoption. On motion of Mr. Plummer, seconded by Mr. Reboso,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote - AYES: Messrs.
Plummer, Gibson, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None.
Said Ordinance was designated Ordinance No. 8144.
29, REPORT BY CITY ATTORNEY REGARDING POSSIBLE RECISSION OF
PREVIOUS CONDITIONAL USE FOR OPERATION OF A PRIVATE CLUB
LOCATED AT 1L{02 SOUTH BAYSHORE DRIVE
Harris Turner, Assistant City Attorney, made the following
statement:
We have reached an agreement with Mr. Bliss, and we are going
to request that this item be withdrawn from the agenda.
Mayor Kennedy: A11 right; that will be reported back to us
at the next meeting?
Mr. Turner: No, Mr. Mayor, he executes the deeds, and it
will be taken care of administratively, and there will be no need
to report back.
44
FEBRUARY 22, 1973
30. LATIN COMMUNITY RIVERFRONT PARK - OPPOSING:
The Commission took up for consideration a scheduled
personal appearance of Captain Wallace G. Kreidt and his at-
torney, Leon D. Black, Jr., appearing in opposition to the pro-
posed condemnation and taking of Captain Kreidt's property for
the Latin Community Riverfront Park.
Attorney Frank J. Kelly, representing Captain Kreidt and
Mr. Plato Cox, appeared and stated that his two clients had re-
ceived a letter from the City stating that their property would
be included in some recreational area which the City is contem-
plating acquiring. He expressed the opinion that perhaps his
clients, if permitted to address the Commission, could convince
the City Commission that the proposed use of this property as a
park could very well develop into a situation similar to that of
Coconut Grove Bayfront Park where no use could be made of it
in the evenings, and that the existing uses might well be super-
ior, to the contemplated use of this property.
Mr. Wallace Kreidt appeared and exhibited an aerial photo-
graph of the property in question and surrounding properties,
pointing out that a boat yard already existed in this immediate
area on the property belonging to Mr. Plato Cox; that his prop-
erty had already been partially improved with a bulkhead. He
read the following prepared statement:
Dear City Commissioners:
We are here today to express our discontentment with the
location proposed for your Latin Community Riverside Park. We
are not against parks, but we are very much opposed to the
taking of valuable commercial riverfront for parks and local
housing. Back in 1932 the City Commission begged the U. S.
Government to dredge and widen this same Miami River so that
it could be used commercially. Now our planners want the people
to sit and look at the river and not use it. Our Miami River is
not a creek like the San Antone. It is a commercial, navigable
river. It must be used for that. Commerce brings employment
for people. Our Miami was built around this river. Now you
want to kill it. Keep it clean', yes; kill it for the Marine
Industry and commerce, no. I worked my guts out to save enough
money to purchase this property back in 1950 because I felt
this would some day be needed in my business, which is marine
related work. I spent years getting the bulkhead line estab-
lished there so I could build a good bulkhead where I wanted it.
Five years ago I had saved enough money to build the bulkhead
and dig it out in front of the bulkhead to a depth of twelve
feet at a cost of approximately twenty-two thousand dollars.
With this bulkhead in I had the property filled, and waited a
sensible length of time for the land to have attained good
settlement. The first of last year I had core borings made. In
July I started plans for a two-story, commercial building.
October saw the completion of my plans, which were at that time
submitted to the City for checking. The very day that my plans
were due to be returned from the City Building Department your
office sends me this letter about appraising my riverfront
property for a park. I have always kept my property neat, clean
and attractive, as I have worked step by step to develop it.
I own another piece of property on the river at the base of
13th Court that would belie any in its beauty. This is no
45
2-22-73
accident. Restoring, maintaining property takes time, money
and hard work. My reward for my foresight and for improving
and maintaining this land was to have it taken away from me
for low-cost housing. This kind of thing, needless to say, is
something less than encouraging. Now you tell me that you want
another piece of my irreplaceable riverland. Next year I sup-
pose you will want yet another. Anyone should be able to see
that both housing and parks are just as readily landbound, but
marine enterprises are limited to the already limited commercial
Miami River. This is a quote from your planners, taken from
Phase I Report, July, 1972. "The River provides the only sig-
nificant commercial and industrial waterway located in metro-
politan Miami." End of quote. Yet lou want to kill it with
parks. Because of the uniqueness of the river it is irreplace-
able land. Because it is irreplaceable it is very expensive.
If indeed you can find any that is for sale these days. The
City can buy land off the river for parks a lot less expensive
than riverland, and save the taxpayers money. I was born and
grew up in this area of the riverfront along the southwest area.
I have a little map here showing the amount of parks in this area,
if I may show it. (Exhibited map) The yellow area is the land
in question, and at the present time we now have two parks with-
in four blocks of this new proposed park site, plus two open
space areas, or mini -parks, if you will. There are eight parks
within a mile radius of this land, plus four open space areas.
Within a two-mile radius there are sixteen parks. We have now
three major parks on the river. There are at least four open
space areas on the river. My river property is not for sale.
I have developed this property step by step, which in our system
of free enterprise is my privilege. I have now saved enough
money and intend to erect my building on this property, which
will be an attractive well -planned building, and we are ready
to go on it right away. We would have more people here except
for things running so late, and the boat show is on right now,
as you all know. A great many of the marine people couldn't
be here today on account of that, but if you would like to see
impact of the marine industry on this area, attend the boat
show.
Mr. Plato Cox appeared and stated he owned the property on
4th Avenue from 3rd Street to 4th Street; that he and his wife
had donated a portion of it to the church in that vicinity for
a playground; that he leased and operated a boat yard there and
a grocery store; that he had obtained a variance only a short
while ago for use of a portion of this property, only to be in-
formed shortly thereafter that this property was going to be
acquired by the City for park purposes. He submitted a petition,
which he stated was signed by a large number of the Cuban popula-
tion in this neighborhood who were opposed to the park. He re-
quested those present in the audience who were opposed to this
park to stand, and a large delegation of persons responded. He
emphasized that he had owned his property in this area for many
years, and was a pioneer in the development of this river.
Mr. Joe Kolish appeared in behalf of the Marine Council,
which he stated had been asked to take part in the Planning
Department's Riverfront Study to determine the problems of
zoning and of the property along the river, but that it had
been learned that some of the property which they were asked to
study was already under condemnation at the time for park purposes.
4t3
Mr.. Kolish expressed the opinion that this type of development
was improper and requested that the Commission cease this type
of activity and work with all concerned to develop a workable
plan for this riverfront property.
Mr. Nelson Iglesias appeared and stated he was President
of Nelson Marine Corporation, which was attempting to establish
an in -and -out marine storage facility on a portion of the prop-
erty which was presently being condemned for park purposes. He
emphasized the great need in this area for docking space for
boats and the limited amount of property available for such pur-
pose. He urged the Commission to permit this property to be
developed for its natural use. emphasizing that a park could
be built anywhere, but that a marina could not be built anywhere
except on a waterfront.
Mr. Elias Sappie appeared and cited his extensive marine
qualifications, and urged the Commission not to take any action
on this matter of condemnation of property along the river for
park purposes pending the creation of a board to study this
matter, and then follow the advise of experts in this field.
Mr. C. S. Webster, representing the Marine Association of
Miami, appeared and objected to the use of this property for a
park, emphasizing the great economic impact which the marine
industry was having on the City of Miami by reason of its river -
front activities, and urged the Commission not to act in haste
on this matter and to take advantage of the wealth of technical
information which was available on this subject.
Mr. Kelly reminded the Commission that at a previous City
Commission meeting a request was made for a change of zoning
on the property owned by Mr. Kreidt, at which time a backlog of
information was presented to the then City Commissioners which
had been developed in connection with the plea which was made
to the Congress of the United States to provide funds for the
widening and deepening of the Miami River, which plea was quite
persuasive and the objective was accomplished, and the represent-
ation made at that time that the river would serve a's another
source of transportation; that its use would be commercial, and
that with the widening and deepening of the river many things
could be accomplished to implement the economy of the community.
He expressed the opinion that the taking of this property for
park purposes would substantially defeat the original purpose
of implementing the economy of the community.
George Acton, Director of the Planning Department, called
attention to an extensive documentation of this matter which
he stated was furnished the Commissioners yesterday, in which
the findings of the Department were summarized. He emphasized
that this matter did not concern the entire Miami River; only
a small portion of it, and that a study was presently under way
of the entire river and its relation to marine activities and
the needs of the marine industry.
He made the following statement in connection therewith:
We are trying to certainly help the marine activities. We
are in sympathy with them, and we feel that any future develop-
ment of the river should be cognizant of the needs of the marine
industry, but when you take one little activity of a park such
as exists in this area and try to relate it to planning for the
entire river it is being taken out of context, and I don't think
47
2-22-73
that it really bears the type of relationship that the Commission
should ccnsider in relationship to the needs of the Latin community
of this entire'Little Havana" area. I believe the Commission is
cognizant of the fact that your department always tries to work
with whatever neighborhood groups are available in a particular
area. Now, during the preparation of the Parks for People Bond
Program we did work --and it's documented in this report --with a
group of individuals from the "Little Havana" area that took a
very hard look at the recreational needs of the entire "Little
Havana" area. Their report is contained in the apendix, along
with other documentation of both the Dade County Government, the
Dade County Board of Public Instruction, the State of Florida
review of this property, the United States Government review of
this property. All of these agencies have concurred in the need
and location of this property. If you recall, the U. S. Government
did give the City of Miami two hundred and fifty thousand dollars
toward the acquisition of land in this area. It was an open space
grant. Plus the fact that to receive this money we had to receive
concurrence from other agencies, such as Dade County's Planning
Department and the State of Florida that it is in fact a vitally
needed recreational area for the City of Miami to serve the nearby
"Little Havana" area. Very briefly, we can run through this sum-
mary of findings contained on Page One. I said before the recrea-
tional use of the property has received full support and endorse-
ment of the neighboring community, which is at odds with what was
given during the testimony. We did work with Axion, which is the
Economic Development Agency in the "Little Havana" area. We worked
with this Latin task force on recreation, and received the endorse-
ment of these agencies, plus the other governmental agencies, in-
cluding the Board of Public Instruction, which is planning to de-
velop an elementary school contiguous and and adjacent to this park.
And in addition you will find a letter from the Dade County Board
of Public Instruction endorsing and setting the need for additional
recreational land contiguous to the elementary school. There is an
existing service provided by the Arch Diocese of Miami located
on and I believe rented from Mr. Cox. It provides day service care
for young children in the Latin area while their mothers are work-
ing. Now the Arch Diocese has requested additional recreational
land in connection with this activity, plus the fact that they also
have a team activity in connection w:.th this center. Again they
have requested that the City provide in the future adequate recrea-
tional land in this area to support this particular activity.
In response to a question by the Mayor, Harris Turner,
Assistant City Attorney, stated that the City was not yet involved
in condemnation litigation on this property.
In response to a further question by the Mayor, Mr. Acton
stated that two hundred fifty thousand dollars had been contributed
by the United States Government for the purchase of this property,
and the balance would come from the "Parks for People" Bond issue.
Mr. Kolish emphasized that the City should complete its study
of this matter before taking action on the condemnation proceedings.
Mr. Acton stated he had enough information already from his
over-all study of this matter to realize that the taking of this
one parcel of property for park purposes would not affect the
vitality of the marine economy along the entire river, and that a
recreational need study had already indicated the necessity for a
park in this location.
48
2-22-73
Mr. Kelly emphasized that if the City desired a park in this
area it could in all probability obtain a much larger tract of
land if it did not try to acquire land along the riverfront, which
was much more valuable than other land in the area.
In response to a recommendation from Mr. Acton, the Mayor
expressed the opinion that the Commissioners should inspect this
property before acting on the condemnation.
Katherine Parks appeared and stated she had operated a marina
along the Miami River for 27 years, and objected to any condemna-
tion of the property in question for park purposes. She emphasized
the tremendous need for boating facilities along the river.
After further discussion Mrs. Gordon expressed the opinion
that a public hearing should be held in the area to permit the
people who live there to have a voice in this matter, and it was
agreed that the City Manager would attempt to arrange such a meet-
ing for this purpose, with people in the area to be notified, and
defer consideration of this matter until the meeting of March 22,
1973, at 2:00 o'clock P.M.
311 PUBLIC HEARING- CITY OF MIbMI CONVENTION HALL IN "MIAMI CENTER"
Mayor Kennedy: Regarding the 2:30 O'Clock public hearing dealing
with the Miami Convention Center and the Feinberg Corporation,
we are all in receipt of a letter. We are in receipt of a letter
from Mr. Feinberg, saying thatdue to the report that brought out
certain problems that would be inherent in the location, that he
has withdrawn his offer from the City and I know there are some
people here who are interested in this project. Mr. Freeman, would
you like to speak on this?
This is the public hearing that was set for 2:30, Item #19 dealing
with the Feinberg Corporation offer for the Miami Convention Center.
Mr. Freeman: I am president of the Greater Miami Hotel -Motel
association and we would like to go on record at this time after
the Feinberg proposal has been turned down, as urging for all
possible speed in selecting a definite site somewhere and starting
immediate construction. We feel that 9 or 10 years of waiting
for action is taxing our tempers and is unfair to our industry.
We also would like to recommend and go on record, as re-evaluating
the old port site with the park in front of the area, we feel we
can overcome any objections from the ecology groups and with
asthetic surroundings, this we feel could be the most attractive
convention hall in America. In April 1971, Mayor Kennedy wrote a
letter to Lucius Williams, Director of the Downtown Development
Authority saying that this committee that he appointed to evaluate
the site should start imiaediately and begin construction of its
badly needed facility which was approved by the voters of the City
of Miami in 1964 with passage of a 41 million bond issue. Thank
you very much gentlemen.
Mayor Kennedy: Anyone else that would like to be heard? 0f course
as we know, we appointed this committee of either 10 or 12 members
and it was a great cross section of the community and a great cross
section of divergent opinions of where the convention center should
go and it boils down to the present auditorium site I believe and
the downtown governmental center site and the AIAs of South Florida
had 4 teams of architects that divided up and these 4 teams of
architects came in with a split 2=2 opinion as to where it should
go so its been an area sorely divided as to where the best place
would be. In considering the site location, we had to take in
only those lands that were owned by the City of Miami since the
issue is now down to about 4.2 million, we could not have great
cost of acquisition of land and then build a proper facility so
the only thing we can possibly do is have land that we presently own
or which can be acquired for a governmental purpose such as in the
governmental center that we could pay a dollar a year for or a
dollar for the entire 99 year lease agreement and then use the
4.2 million for the starting of the convention center and then take
monies from other sources such as perhaps the revenue sharing plan
to complete the type of facility that is going to be needed.
It is in the report Mr. Reese came out with, it calls for at least
a 7000seat auditorium and I don't believe that we can do that with
the 4.2 million that we have left. I don't believe there is any way
that we could do it, so, this is the problem and this is where we
are at the present time. The offer by the Feinberg's has been
withdrawn, Mr. Reese did not turn down the proposition, he merely
made a report that showed there probably was too little space that
was offered and that there would be problems in putting up the
auditorium on that type of space that was offered to us and after
reading the report, the Feinberg's withdrew their offer, so now
my fellow Commissioners, we stand with the proposition of continuing
our thinking of putting this in the government center and plans are
already being laid there or as the hotel interests have recommended,
that we reconsider perhaps a site in the Bayfront Park area.
Mr. Reese, do you have anything further?
50 FEBRUARY 22, 1973
Mr. Reese: Mr. Mayor, in this report, we pointed out that there
is a resolution in existence that was adopted by this City
Commission to proceed to locate it in the Government Center and
the County is, the County Commission is on record of acquiring
the necessary land for a convention facility and it is my under-
standing that funds exist in this existing budget and the land use
plan that was adopted, started to work on some time ago, is to be
reported back to the Downtown Government Center body within the
next 10 days which incorporates the convention facility in that
land use plan. If you are going to have a public hearing or
determine an alternate site, it would be advantageous to take any
corrective action the Commission sees fit on the existing resolution
and realizing the county at this point has spent money on the land
use study but not for the acquisition of any property. This
action was a step to reimburse the city for the $800,000 plus
that we have coming from the county on a previous land site trade.
Mayor Kennedy: Are the Commissioners familiar with where we are
on this situation?
I think we should either have a motion to reaffirm our previous
action or we should have a motion to reconsider the site location
and have Mr. Acton come in with an alternative site that would be
feasible. The Hotel interests have been waiting patiently for
this and this Commission should take some action today in one of
those 2 directions.
Mr. Plummer: If we take no action, do I assume that we revert
back or do you want to reiterate our position that we took as I
recall the action that I to -
Mayor Kennedy: That's what I asked for Mr. Plummer. Let's have
a motion reiterating our previous position or let's ask for another
site location to be studied. Maybe Mr. Price has some comments.
Mr. Price: We people who work in this business, we have always
hoped that this auditorium could be put at the old seaport property
being built out over the water and using the front of the audit-
orium for beautiful landscaping areas for parking and for a park
and possibly a rotunda information center for visitors etc because
the access and egress we thought was advantageous. We also feel
that it would do a great deal to eliminate some of the slum
property accross the street the other side of the Boulevard, we
think the owners would be embarassed enough to tear it down and
put up decent structures. If you go back to 1964,when the audit-
orium bond issue was passed by the voters, that was one of the
locations at the time that was suggested to the voters if they
voted for the auditorium. It was unable to be acquired at that
time because the Eastern Steamship Company was in there and some
of the other buildings hadn't been released to the City at that
time, but now the land has been cleared and is owned by the City
and we would just like to recommend the auditorium would be most
advantageous being located right there on the water.
Mrs. Gordon: Mr. Price, what are you saying, that this should
be built over the water?
Mr. Price: If you recall, there is a bulkhead there where the
old steamships used to come in and dock, the Evangeline. In other
words, you wouldn't use the land that is available now, you would
build it fron the land out over the water back to the bulkhead line.
Mrs. Gordon: What would ..;c,that do to the park plan?
Mr. Price: The slips are now vacant there.
Mrs. Gordon: I am talking about the Stone Park Plan -
Mr. Price: I think this could be worked into it very well
with a few alterations. I don't see where it would be out of
line, I think the ecologists would buy this idea.
FEBRUARY 22, 1973
51.
Mrs. Gordon: What about all the parking and cars you must provide?
Mr. Price: The auditorium wouldn't take up your parking space, you
would have that and landscape that area. in there.
Mrs. Gordon: Where would you put the cars for the people who want
to visit the auditorium?
Mr. Price: You would have to use part of it as a parking area but
it could be a landscaped parking area that could be a two way affair.
Mrs. Gordon: Let me go on record now for myself alone. I am not
in favor of moving it back to the park.
Mr. Price: That is not exactly the park there.
Mrs. Gordon: I am opposed to it. There may be another site west
of the Boulevard that wculd serve adequately for the auditorium
besides the government center, I don't know, but I wouldn't want
it in the park.
Mayor Kennedy: The problem is we would have to get into land
acquisition Rose and then you use up all your money on condemnation
of property. You don't have anuthing to build a facility with.
Mrs. Gordon: Then I would personally stay with the location in
the government center for one reason being that the parking facilities
for the various uses that are going in there could serve more than
one facility. In other words, the auditorium uses the parking area
certain hours, the government center buildings uses the parking areas
other hours and I think its the most practical and efficient way of
going ahead with the development of the downtown area, in my opinion.
Mayor Kennedy: Do you want to make that in the form of a motion?
Mrs. Gordon: The motion is to reiterate the position that we
took before at the last time.
There upon the following resolution was introduced by Mrs.
Gordon, who moved its adoption:
RESOLUTION NO. 73-134
A RESOLUTION REAFFIRMING THE PREVIOUS POSITION OF
THE CITY COMMISSION THAT THE PROPOSED NEW CONVENTION
CENTER AND MUNICIPAL AUDITORIUM BE LOCATED IN THE
PROPOSED GOVERNMENTAL CENTER
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Plummer, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Gibson,
Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None
In casting his YES vote, Mayor Kennedy said: The one reason is that
when we went to the people for the Parks for People Program, I
specifically campaigned that we would not put any building structures
in the park and the people want to keep that as a peoples park with
greenery and uses in there other than buildings. There is no doubt
that it would be a beautiful convention site but the problem is that
the parking that is going to be required for that would tend to kill
the whole concept of having a green area in the downtown area.
Mr. Price: If that is your feeling, but one thing I would like to
remind Commissioner Gordon; I don't see how you are going to have
what I call switch parking for governmental center one time of day
and convention hall the other because the convention hall, the
52
FEBRUARY 22, 1973
events take place there all day or night, its not necessarily only
a night time affair.
Mrs. Gordon: We are not talking about it being the only, its just
additional parking that could be utilized for more than one purpose
at certain times probably it would be an efficient way to do it.
Mr. Price: I fully agree that the Commission has to do something
on property it owns or can acquire without spending money, I think
everyone understands that.
Mrs. Gordon: I do understand your reasoning and it is good but
it isn't what I would like to see happen.
Mayor Kennedy: That motion passes on a 5-0 vote. We will be in
recess for approximately 10 minutes.
32. PUBLIC HEARING - CONSIDERATION OF EXTENSION OF HOURS OF SALE
OF ALCOHOLIC BEVERPGES PRESENTLY PERMITTED TO DO SO TO 1 A.M.
Pursuant to published notice, the Commission at this time
took up for consideration the matter as described heretofore.
Mr. Reese: Mr. Mayor and members of the Commission. In your books
you have a chart of hours etc. and I would like to ask you to make
a correction under the class of Beer and Wine Bar with Food because
that has been changed from 1 P.M. to 1 A.M. in the chart under the
City of Miami, instead of 7 P.M. so if you will make that correction.
Mayor Kennedy: All the proponents, we are only talking narrowly
now, only about restaurants that presently can serve to 1 o'clock
in the morning, giving them the right to be extended to 3 o'clock
in the morning. That is all that this public hearing is concerned
with at this time.
Rev. Gibson: All of you who want it.
Mr. Perez: All we are asking for is a couple of hours.
City Clerk: Your name please.
Mr. Perez: We are asking until 3 in order to stay in business
because as you know, everything is going up, everything is more
expensive everyday and with the hours we have now, we cannot compete
with the other fellows business. We are not asking for 5 A.M.,
we are just asking to compete with the other men in the same
business. If it is not good for us to stay open until 3, then
it is not good for anybody else to stay open until five. We
are trying to look for better hours, a couple of hours.
Mayor Kennedy: Any other people for this extension present?
Mr. Slary: My name is Seth Slary. I would just like to say that
in the interest of uniformity and in the interest of Miami being
a tourist area and a lot of people came in from out of town, I
think if they had one closing hour for the sale of beer and wine
and liquor and one same time you could purchase it at a grocery
store or whatever instead of having to consult a very complicated
chart, it becomes ridiculous. If someone gets drunk at 1 A.M. or
3 A.M., I don't think it is going to make any difference.
Mayor Kennedy: Any other people for this extension?
53
FEBRUARY 22, 1973
Mr. Levin: I am Herbert M. Levin, 441 S. W. 23 Road, Miami..
I am general manager of -radio station WQBA, spanish language
station in Miami. I fee!it very important to pass this and
allow the City of Miami to further its tourist activities and
provide an entertainment facility throughout the city in which
many latin americans who visit our city who are accustomed to
eating, dining, drinking and being entertained until :late hours
can have a place to do. One of the true assets of our city is
our tourism with out eyes towards latin america and in fact
with 300,000 latin americans living within dade county, we have
a great community to serve and I think this is a reasonable, fair
and in fact necessary change in the liquor laws of our city.
If we don't change it, in fact we will lose current revenue and
obviate the possibility of a great deal of future revenues from
this type of tourist activity. Latins enjoy a different standard
and a different style of life and in fact they do not go to eat
or to be entertained until 10, 11, 12 o'clock and would like to
enjoy -these places until 2, 3, 4, in the morning and so I speak
very strongly in favor of this change.
Mayor Kennedy: Any other speakers?
UnidEntified man: I would be in favor of extending to 3 o'clock
for all latin americans to entertain the american people and the
spanish people and I think this is good for the city.
Mayor Kennedy: Anyone else for this?
All right, the opponents.
Mr. Phillips: Mr. Mayor, my name is David Phillips. I live at
2222 S.W. 18th Avenue. The man who spoke first operates the
Montmarte at 18th Avenue and Coral Way.
He asked for an extra couple of hours. He is asking these 10
men and women right along in the last two rows to stay awake an
extra couple of hours listening to the noise, commotion, scraping
of tires, boistrous conversation,that area; in that area, the
mode of living is structured so that people are supposed to be
sleeping from 1 to 3. We were here before you in June when the
same man applied for a change of zoning so as to extend his hours
and we had 35 neighbors here and you responded very favorably and
you voted it down unanimously and you heard all of our problems
and we were indeed grateful for it and ue had some sense of
security and now they bring this up again but if you will recall,
the same gentleman stood here .and said in June 1972, I will be
bankrupt if you do not allow me to continue on after 1 A.M.
Here it is almost a year later and he is just doing a thriving
business up till one.
I have been thinking about the practical aspect. If you drink
cocktails till 1, now you have to switch over to beer and wine
but that includes the champagnes too, this might have a more
devastating effect on your driving than if you stuck to cocktails
but we know this in that neighborhood. High class people sure,
but high class people get boistrous when they get boozed up and
that is what keeps us awake and then the car attendants as we told
you in June, screech around the corner because they have got to
run a great distance to get the cars and bring them back in front
of the place of business but you heard all of that and we would
plead with you not to extend this. Now if there are areas in
the city where things are humming at 3 A.M., this is not one of
the areas so maybe that could be solved by having it on the basis
of if a restaurant is in an area where things are humming at 3 A.M.,
perhaps they could apply for a public hearing but I assure you that
the people in this neighborhood, that's 18th and Coral Way where
the first man has his place of business, we plead with you not to
allow for any extension.
•
FEBRUARY 22, 1973
Mayor Kennedy: Anyone else?
Mr. Ellegan: My name is Irwin Ellegan, Vice President of the
Metropolitan Fellowship of Churches of South Florida. We too
have had representatives before the Commission speaking in
opposition to the extension of hours and I daresay that about
everybody here would recognize that we have a traditional interest
in not extending the drinking habits and priveleges that create
problems for people so we start off with that agenda and then we
come to the specific thing that is before us in this item which
we are debating and recognize that 2 more hours are being asked
for and we contend that these 2 hours are an additional wedge,
perhaps the churches as we represent them have retreated or
have yielded to provide for or accomodate something of community
interest and we feel that to continue to do that would mean that
ev entually mean that there was never any moral basis for our
wanting the curbing of drinking in the first place. There is
obviously a moral reason for not wanting all hours of every day
flooded with the problems of drinking people. Many of whom are
not able to contain themselves as they make use of demon rum and
speaking of our accomodating ourselves to the customs of those
who might come in from somewhere else where customs are different.
It reminds me of what has recently happened in Kansas where the
airlines have yielded to the Kansas law that says you can't even
drink high up in the sky and that means no highpeople should be
up in that plane as they are crossing the state of Kansas.
Accomodating to customs that are different from the ones here
would be failing to carry out the responsibility of the populace •
that established our rules in the first place and we would prefer
to have those who come in, agree to the conditions and rules of
the neighborhood in which they come to reside or to live or to
do business and I believe tourism would be enhanced by knowing
that they had something they could count on by way of laws that
wouldn't be wishy washy every time somebody wanted to shift them
around.
We are definitely opposed to this extension as an entering wedge.
Primarily we are opposed to it because it extends the problem
of drinking and its been pointed out how it extends that problem
as far as driving is concerned. We know for example that public
transportation is more limited at 3 o'clock than at 1 or from 12
to 1 and therefore the private automobile has to be the means of
people getting back and forth and with 2 more hours of consumption
of alcohol behind the drivers wheel, 1 don't have to explain to
anybody what the possibilities of that are. We have many other
reasons but we believe so many of them are so obvious, we won't
take the time of the Commission to go into all that.
Mr.11liott is here also representing the Metropolitan Fellowship
of Churches.
Mr. Elliott: I am happy to be here this afternoon as part of
the representatives of the fellowship of churches and also as
a director of youth and family services of Miami Baptist Assn.
Our primary interest is with the problems associated with any
extension of existing laws regarding alcoholic beverages as it
would relate to the kind of work I am doing in working with
families especially youth that might contribute to dependency
and delinquency involved with the young people and family.
Mr. Sarby: My name is Sam Sarby, I live at 1801 S. W. 21 Terrace
and I have been here before and we are still plagued with the
problem and I don't want to belabor the points but Mr. Phillips
has made them but we still in my house have a standard ritual
of not being able to sleep on Saturday night until usually 3:00
as it is because by the time they get out of the nightclub and
come around there to pick up their cars, they are noisy people
and there is a lot of conversation of banging of doors and starting
up of motors and usually on Sunday morning, I have to pick up these
parking claim checks that are all over my yard plus beer cans and
one morning at 2:30, I went out there and I had a man, one of their
customers who wanted to have a fist fight with me because I objected
to the noise they were making at 2:30 in the morning and now this
makes the 2nd time I have been here and I hope that we don't have
to continue to do this t'iing to stay in that nice little neighbor-
hood that we are in.
FEBRUARY 22, 1973
I have lived there for the past 13 years and I hope and pray I
can stay there for another 13 years. Thank you very much.
Mayor Kennedy: Any other speakers? We have heard this for so
many times that we really don't have to have too many speakers
on either side.
Mr. Hatfield: My name is Hatfield, I am speaking just as a private
citizen. I have been in the Miami area for about 10 years and I
have business connections with travel and hotel and restaurants.
I am presently the general manager for a hotel in Miami and
through my experience over the last 10 years in this area and
being a latin myself, I know it is the nature of latins to go
to a place and enjoy themselves to late hours. The point was
very well expressed by the gentleman who was here before me on
behalf of a tv station and as manager of our hotel and my contact
with tourists coming from South America, I am very often approached
by those tourists who are interested in staying beyond 1 o'clock
to enjoy themselves. The objection here seems to be on account of
noise that has been apparently created by this particular place.
Thi:. may be a fact to be taken into consideration, I feel this
operation, is of such importance to tourism and generating revenue
and to accomodate the needs of the community and the revenue will
offset other inconveniences and the other objections that have been
raised, have been raised on religious issues and he made a good
point. As you gentlemen know, the churches have been traditionally
opposed to extension of such licenses on the grounds of encouraging
the habit of drinking which T don't think is the case. I think
that those that have the tendency toward drinking, do have a place
to go and drink whenever they feel like, and there are presently
places and too many places in that neighborhood with extensions to
5 in the morning. My position is in favor of extending this until
5 o'clock as a convenience to tourists.
Mayor Kennedy: Any other speaker:?
Mr. Diaz: My name is Francisco Diaz, a Bartender. When they have
to close at 1 o'clock, they take out the liquor. I know that
neighborhood has a complaint because they got a lot of noise and
you can see when they placed the nightclub there, there. was no
neighborhood around there so I say please extend the license and
thv nightclub there has a lot of working people and they pay tax.
Thank you.
Mayor Kennedy.: Mr. Sabinas is the President of the Latin Chamber
of Commerce.
Mr. Sabinas: I believe that making this service to the community
will not harm anybody and on the contrary, we are trying to help
40 families not to lose their job and also it is the only night-
club where international stars appear and this club has been open
for so many years, how come now, the complaints come about the
noise and aggravation at night? For 2 more hours, that is vital
for the continuation of this establishment and institution and if
it wouldn't be because of that, we wouldn't be here fighting for it.
Thank you. (Preceding through an Interpreter)
Rev. Gibson: Mr. Plummer, I thought we asked you Sir, to address
this issue to the League of Municipalities? Where are we on that
matter.?
Mr. Plummer: At this time, the Dade League has formed a committee
of which I am a member because we were the Clty who proposed it and
we have had meetings and have formulated what we intend to do and
that is for the uniformity of hours and at this time, we have sent
out to all the municipalities asking their elected officials their
feelings at this time. The Dade League is going to ask that these
be brought back to them so that they can be compiled and to see if
the feeling exists with all the rest of the municipalities as it
does with the City of Miami and that is that we will have uniform
hours. We have had 2 meetings including 1 liason meeting with
Metro and the 3 members wr.o sit on the liason committee from Metro
has expressed an interest in this proposal, uniformity of hours.
Realizing Canon Gibson, there are 27 municipalities and we are
asking opinions from all elected ficials of those municipalities.
RF.RQIIM A' 7?
At the time we have all of those answers in, they will be compiled
and try to come up with some uniformity. I will only ask that the
only problem that has been so far, has been a strenuous opposition
from the City of Miami Beach in that they are peculiar unto them-
selves as they claim and because of that, they have immediately
raised certain pertinent questions which are an indication of the
uniformity proposal but the rest of the officials such as myself
will be asking their own elected officials to please give their
feelings on this matter.
Mr. Reboso: On December•14, 1972, when the City Manager recommended
extending the hours until 3 A.M. for restaurants, I think he was
trying to be consistent within the City. We have right now, the
private clubs open until 3 A.M. and the nightclubs open until
5 A.M. in the City of Miami. I think this is just a discrimination
against the restaurants because anybody that wants to stay up until
5 o'clock in the morning has to go to a nightclub or to a private
club until 3 A.M., so this only applied to restaurants and when
the City Manager on December 14 recommended to extend the hours
of restaurants until 3 A.M., he was trying to be consistent with
the hours so people would not be moving from one place to another.
Rev. Gibson: I wonder if you all heard what Mr. Reboso said about
the City Manager recommending on the 14th of December that we have
a uniform hour of 3 o'clock, he was saying the manager was trying
to be consistent, that you have nightclubs where you can go and
stay till 3 o'clock and restaurants only till 1. The City Manager
was trying to be consistent by saying all right.
The nightclubs can go until 5 o'clock so we want you to be aware
of what he is saying, thiF is the basis of his argument.
Mr. Ellegan: The Council of Churches, as far as a person being
able to earn a fair profit out of his business, we too would tend
to favor the uniformity of the law so that those all around the
area would know what to expect. Uniformity would be far better
than the continual hacking away at something we have set up to try
to govern our locality.
Mr. Plummer: I have expressed the opinion of this Commission to
the Dade League and I hope rightfully so that this Commission has
gone on record that we will favor uniform hours as setforth for
all of the county. If there is any different opinion of any member
of the Commission, please have it known, but I did not ask for
letters to he sent to you because we did go on record.
Mayor Kennedy: We have belabored this point long enough. Is
there a motion?
Mr. Reboso: I move for approval of extending the hours of restaurants
until 3 o'clock to be consistent with the private clubs.
Mayor Kennedy: Was this recommended by the City Manager?
Mr. Reboso: December 14, 1972,
Mayor Kennedy: Is there a second to that motion? Is there a second?
Is there a second to that motion? Is there a motion the other way?
Rev. Gibson: I am like Brother Elegan. I hate to be denying
anybody an equal right. I don't want to go on record as opposing
equal rights for people. I think I advocated a uniform hour. I
still advocate a uniform hour. I wonder Mr. Plummer how long it
will take us to get an answer.
Mr. Plummer: We set a target date from the time this was presented
and that target date was to have an answer back within 6 months.
Keep in mind Canon Gibson that there are a tremendous amount of
people who have to be contacted. You have roughly 200 people who
have to be contacted, answers compiled and then work out the
mechanics. Thats roughly 4 months from now.
57
FEBRUARY 22, 1973
Rev. Gibson: Have we considered the possibility of just talking
to the largest of the municipalities so that we could not leave
these people in limbo indefinitely?
Mr. Plummer: You are speaking from the standpoint of the Dade
LEague?
Rev. Gibson: Yes Sir.
Mr. Plummer: From the standpoint of the Dade League, the only
proposal carried by me from this Commission was that it be uniform
of all Dade County. That was the request of the Commission and
that is the way I carried it.
Mayor Kennedy: One of the questions I just asked the City Manager
and we are not really sure how many restaurants fall into this
category. Mr. Ferencik you believe there would be over 100 that
would fall into this category?
Mr. Ferencik: Yes Sir, there would be over 100 restaurants that
would fall into the category.
Mayor Kennedy: Is there a motion. We had a motion to extend which
did not get a second. Is there amotion to deny?
Rev. Gibson: Mr. Mayor, I hate the idea of denying when we
are working for uniformity. ►s it possible that suppose uniformity
takes us to 3 o'clock? We would be in a position of having denied,
wouldn't we? Isn't t-hat possible?
Mayor Kennedy: The uniformity would have to be adopted by
Metropolitan Dade County aid then it would be the law of the entire
county if they adopted it. We are talking about a utopia here.
It's really passing the buck Canon Gibson because we have tried
to get uniform hours here for 10 years and Miami Beach fights it
tooth and nail and none of the municipalities can get together with
the others and Metro has never been able to take command in this
field. They have left it to the individual cities to set their
own hours and I think that by saying we are for uniform hours is
merely passing the buck. Its not going to be accomplished in the
near future, itF too tough and complicated a problem, so I think
we have to fact this issue today, head-on. Whether or nct we are
going to extend restaurants with 200 seats or more to 3 o'clock
so they can compete with the nightclubs and the private clubs in
the case of :the one in this category, this is where the problem
is and I would hope we could get a separate category and this
might solve the problem for everybody. In this case where you have
over 100 restaurants that seat 200 people or more, to open up
to 3 o'clock, you are really opening up a pandoras box but in
the case of the nightclub that we are talking about here, the
Montmarte, is really•a nightclub restaurant where they have out-
standing entertainment and it is the place for the latin community
to go and its a great place for all the south american visitors
that are coming and you can't compare the Montmarte on one hand
as a restaurant with 200 seats with a restaurant somewhere else
that doesn't have entertainment and that would be able to take
advantage of a 3 o'clock opening. Its such a gray area, I don't
know how in the world you can come to a vote in this area.
Unless, we can set up a separate category for those restaurants
and dinner clubs that have live entertainment. Mr. Reese, do
you think that could be worked -out?
Unic.'.entifled man: My name is Nathan , I live at S. W.
19th Terrace. What I understand here, is for the sake of uniformity,
you are asking us to change our work habits. Those of us who get
up at 7 and 7:30 in the morning and go out to a hard days work,
come home and we are compelled to do our work, to be in bed by
11 o'clock. Now, the latins or the cubans have a different work
habit. They come home from a days work, ?take a siesta, they
get up start visiting at 9 and 10 at night and stay up until 2 and
3 o'clock in the morning. Now in order to satisfy their whims
and their way of life, are we the majority group being asked to
change our habits to satisfy a minority group?
58
FEBRUARY 22, 1973
Mayor Kennedy: The chair will recognize a motion, if there is
a motion.
Mr. Rothstein: Mr. Mayor, to take positive action would require
a motion. if there is no intent for change, there would be no
motion required. For remaining status quo, no motion is required.
For a proposal to study the matter for a different type of district
for a change or direction to prepare an ordinance, that would take
a motion.
Mayor Kennedy: Mr. Reese, do you think its possible to draft up
a category where you could have these supper clubs with live
entertainment put in a different classification?
Mr. Reese: Well Mr. Mayor, the only thing I can say is that we
can tackle it. We have never approached that problem before
because the nightclub license went to 5 A.M. and it met different'
criteria, it was based on criteria again where this 200 seat
question but we can attack it and see what we can come up with.
Mayor Kennedy: In this case of the Montmarte, whether it be true
or not, the feelings of the latin community are that they are being
discriminated against. This is an outstanding facility. They have
good food and they bring in the best entertainment thereis and their
habits are different than our habits. They start out later than we
do and they finish up later than we do and this is the place where
the cuban businessman wants to go for entertainment and the calls
we have been getting are unbelievable. They think that the City
is discriminating against the Latins but and its hard to explain
to them that we are not, its a gray area and we certainly can't
open up a pandoras box and let every restaurant that has 200 seats
in because it is an extension of liquor hours in a category that
there is a need to open up in but yet you have a few cuban restaurants
night club type that should be considered as a nightclub until 5
o'clock in the morning but yet for one reason or another, they are
in poor areas where residential people are concerned or they have
other problems involved with and its something that is a very
difficult question for this Commission.
Rev. Gibson: Thereupon the following resolution was introduced
by Reverend Gibson, who moved its adoption:
RESOLUTION NO. 73-135
A RESOLUTION REQUESTING THE CITY MANAGER AND THE
CITY ATTORNEY TO ATTEMPT TO RESOLVE THE PROBLEM
OF ALLOWING RESTAURANTS OF A "SUPPER CLUB NATURE"
WHICH DO NOT MEET THE REQUIREMENTS FOR A NIGHTCLUB
LICENSE TO REMAIN OPEN UNTIL 3 A.M. UNDER A SEPARATE
CATEGORY AND WTH THEIR ACTIVITIES CONTROLLED BY
THE CITY OF MIAMI
(Here follows body of resolution, omitted here andon
file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None
Mr. Reese: As I understand the motion is that we are to try to
endeavor to analyze and work out a solution to how it would be
possible for certain restaurants in town that presently do not
meet the nightclub requirements but we would set up a separate
category whereby these people would be afforded to carry on their
operation under a controlled number of hours that they would be
allowed to operate as well as other possible limitations.
59
FEBRUARY 22, 1973
1
Reverend Gibson: And Mr. Mayor, live entertainment, that was the
thing.
Mr. Reese: Yes but we are also going to endeavor to define what
live entertainment is.
Rev. Gibson: Yes Please,otherwise we will open Pandora's Box.
Mr. Rothstein: It would be a potential category as a supper club
as opposed to a nightclub and the nature of its use Mr. Mayor
would be such that the City could control it for the protection
of the area. Somewhat like a conditional use but not exactly like
that.
Unidentified Man: I just spoke to Mr. Mario Perez who is the owner
of the Montmarte and he is very much impressed several times by
the interest of this Commission and by the neighbors and their
complaints and he has assured me that :he is going to take positive
action to end the problem of the squealing wheels, thrown away
parking tabs and do everything in his power to become a good
neighbor for these people and he understands their problems and
hopes that they will be a little understanding of his. Someone
mentioned here that he is running a going business and a prosperous
business. As one of his debtors, I would like to testify that he
doesn't have the best business in Miami, he happens to be my friend
but from a business point of view, he is not running a viable
business and its just necessary not only for the cuban community
but I think for Miami as a whole to benefit.
Mr. Phillips: Thats word for word what he said in June. I copied
it down because he promised us the same thing in June.
Mayor Kennedy: We will attempt to work out a separate category
for supper clubs so that places such as the Montmarte that does
have live entertainment will be able to be covered in this category
and the City Manager is going to attempt to work this out within
the next couple -
Unidentified Man: Me. Mayor,, in other words, anybody can come into
a quiet neighborhood and get licensed with live entertainment and
disturb the entire neighborhood where a working man hasn't got
a chance to get his rest and go out and do an honest days work
the next day.
Mayor Kennedy:,; No Sir, we are going to try to take that into
consideration too. We have tried to protect this on many occasions
as you know.
Unidentified Man: No one has ever made a success in the place.
There was a liquor store there for years and they weren't able
to do any business. They came into the neighborhood and with live
entertainment to disturb everybody and just a promise that he won't
do it again, well what are the working people in the neighborhood
supposed to do? That's what I would like to know.
60
FEBRUARY 22, 1973
•
33, AUTHORIZE CONTRACTING OF LOAN -OFF STREET PARKING FACILITIES
An Ordinance entitled -
AN ORDINANCE AUTHORIZING THE CONTRACTING OF A
LOAN FOR PAYING A PART OF THE COST OF OFF-STREET
PARKING FACILITIES WITHIN THE CORPORATE LIMITS
OF THE CITY OF MIAMI AND PLEDGING FUNDS FOR THE
PAYMENT OF SUCH LOAN
was introduced by Mr. Plummer, seconded by Reverend Gibson and
passed on its first reading by title by the following vote -
AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon
and Mayor Kennedy. NOES: None
Mr. Mitchell Wolfson, Chairman of the Board of the Off -Street
Parking Authority and Mr. Richard La Baw, Director, appeared and
urged adoption of the re.zvlon.
61
FEBRUARY 22, 1973
34. OFF-STREET PARKING D3PARTMENT - EMPLOYEE STATUS:
In connection with the matter immediately preceding this
item Mr. Mitchell Wolfson and Mr. Richard LaBaw, representing
the Department of Off -Street Parking of the City of Miami, ap-
peared, and the following discussion occurred:
Reverend Gibson: Mr. Mayor, while we have the Colonel here--
I don't want you to get out that easy, Colonel. We had a matter
before us this morning --where is your executive? I want him to
hear this, because what I heard this morning didn't sound good.
I was upset this morning to have people from the City down here
who said that the Parking Authority wasn't very kindly disposed
to treating all its employees alike, and I was really, really
wrought up about it; and I heard to the point that we even have
to go to court, if need be. Sir, I find it difficult to see that
we don't want to have the same thing for one employee as we have
for the others. Please explain to me if that's within our pro-
vince. At least I want the Colonel to know that that is of real
concern to this Commission.
Mr. Wolfson: I can assure you one thing, Reverend Gibson.
Every employee that works for the Off -Street Parking Authority
gets at least as good a treatment, and in most cases better,
than you can afford to pay the City employees otherwise.
Reverend Gibson: Colonel, that is not what we heard here
this morning, and maybe you need to hear the same thing that
we heard, and I hope that members of this Commission who know
the real story will relate it to you right now, because it seems
to me ridiculous that people who work for the City must go into
court and have their grievances addressed, when we as men of good
will could do it. I know you would if you knew it.
Mr. Wolfson: Reverend Gibson, let me say this in behalf of
the Off -Street Parking Authority, and also Dick LaBaw. I have
been fully acquainted with the problem, and this is the problem.
The question is whether or not our employees, which is a semi-
autonomous organization, as you know --our responsibility is to
the City; for instance today no bond issue can be approved un-
less you gentlemen approve it; rates have to be approved by you,
but other than that you have turned over the responsibility of
doing the job for the citizens of this community through this
semi -autonomous body. Now the question that has disturbed the
folks who were here this morning is whether or not our employees
must be members of the civil service. Most of our employees do
not want to be members of the civil service because they think
they get a better deal from the Off -Street Parking Authority.
We have never --and I know Mr. LaBaw has never --at any time tried
to force anybody, harrass anybody to switch over from Civil
Service. Anyone who wants to belong to Civil Service is welcome
to do so, and if they voluntarily want to work for the Off -Street
Parking Authority; be paid by the Off -Street Parking Authority;
have the benefits of our pension plan and the various other
benefits that we have for them; want not to be members of the
Civil Service, we feel they have the justification and the right
to do so. It's a sort of a right to work law that we are observ-
ing; and believe me we have no employee who has ever to my
2-22-73
62
attention, and to the Board's attention, has ever said that he
has been asked, or forced to leave Civil Service, and anyone
who wants to belong to Civil Service they are very welcome to
do so. On the other hand, if they feel that our benefits are
better and they would rather not belong to Civil Service and
would rather work for the Off -Street Parking Board we permit
them to do so. That is really the facts of the story, sir.
Mr. Piuzrer: Colonel, not to get and to further the thing,
but that is not the story we heard this morning. Now, the
prime example that was used was Mr. LaBaw himself, who is still
under the present civil service procedures of the City; not the
Off -Street Parking Authority, and it was said here before in
public record that Mr. LaBaw is refusing to allow the members
of the Off -Street Parking, the employees of the Off -Street
Parking Authority something that he enjoys, and that was said
at that microphone this morning, sir. Now this is why Canon
Gibson and the rest of this Commission is troubled over this
thing, because certain allegations were made this morning that,
if substantiated, are something that this Commission should look
into, and I think that this thing has got to be brought to a
head. I have sat here as a member of this Commission and heard
it before, and I heard the final concluding remark, which was,
let us get together and get this thing straightened out; but
Colonel it has gone on now for quite some time, and it was
brought out this morning that it has already been taken to the
Grand Jury, and now they are asking, and received this morning
from this Commission, the right to go into Circuit Court for a
declaratory decree. So these are some of the allegations that
were made that I think 'should be clarified, without question.
Mr. Wolfson: I understand; and if any employees have any
grievance whatsoever and will let us know about it, I'd like to
be the first one to know about it, but we have not had one
single grievance from any employee with regard to the situation
you just said. Now, with regard to Mr. LaBaw, I'll let him
speak for himself.
Richard LaBaw, Director of the Department of Off -Street
Parking: There has been no harrassment;there has been no
pressure put on any employees at all.
Mr. Plummer: Well, Mr. LaBaw, I am not taking your side or
the Civil Service side. All I am saying is that Mr. Paulk ap-
peared here this morning, which got Canon Gibson upset, as well
as the rest of this Commission, and he stood there where you are,
sir, and said that there have been employees, intimidated and
harrassed were his words.
Mr. LaBaw: I can stand here and tell you, sir, that is a
great, big, fat lie.
Mr. Plummer: Well, here again,sir, I am not taking sides ---
Reverend CLbson: Let me ask one more question, and then --I
know your time is valuable. Mr. Labaw, let me ask you a question.
Are }ou a member of the Civil Service outfit? Do you retain
Civil Service status?
2-22-73
63
Mr.. LaBaw: Yes, sir.
Reverend Gibson: I see. Would you want, if you were working
for the City and not for the Parking Authority, would you still
want to retain Civil Service Status?
Mr. LaBaw: I would like to release my civil service status
that I have now, but I was told not to do it.
Reverend Gibson: The thing is that you haven't released it,
though.
Mr. LaBaw: I want to. I would like to.
Reverend Gibson: Why don't you?
Mr. La Baw: Our Legal Counsel told me not to.
Reverend Gibson: Well, what about the other people who work
under you who want to be part of Civil Service?
Mr. La Baw: They remain Civil Service.
Mr. Wolfson: The same as he does. Reverend Gibson, this
is what I was saying to you; that, believe me, if there is any
single employee that comes to your attention that has been
harrassed, or has been told that he has to leave the Civil
Service, please let me know about it, because I can assure you
and the members of this Commission that not one single member
has been harrassed or has been requested to leave the Civil
Service, and that any of them that want to belong to Civil Ser-
vice are entitled to do so, just like Mr. LaBaw, or anyone else.
On the other hand, if they feel voluntarily that we have some
better benefits for them,'then we permit them to do that.
Mrs. Gordon: What happens if they are not in Civil Service
and the position that they are working in is abolished?
Mr. Wolfson: Well, whether they are working for Civil Ser-
vice or not, if their position is abolished, there is no more
job there.
Mrs. Gordon: They are usually transferred to some other, or
given a choice of an equal category of position, is that correct?
Mr. Wolfson: Yes; I think that is correct.
Mrs. Gordon: Whereas, in your situation they are out of a job
and they have lost all benefits.
Mr. Wolfson: They haven't lost the benefits, but they are
out of a job.
Reverend G:.bson: How do you retain benefits if you don't
have the job? In the business I am in in the church, if you
aren't active, and you fool around with that pension fund with
all those benefits, you are just anodd ball.
Mr. Wolfson: Reverend Gibson, this is the point I am trying
to make here. If they feel that they are better off with Civil
2-22-73
64
Service, we have no objection to that; none whatsoever. We simply
permit those who do not want to belong to Civil Service and pre-
fer working for the Off -Street Parking Board to do so. It's just
that simple. And I say again to yo u, if you know of any member
of the Off -Street Parking Board employees who feels that they
have been harrassed, or have been forced to do that, please let
me know, because we have not insisted; we have not tried to per-
suade anyone, other than by what they think is more benefits for
them individually.
Robert Paulk: Colonel Wolfson, if I may, through the
Commission, I don't think you are completely aware of what does
go on by your Director of Off -Street Parking. The intimidation
that he has imposed upon scme of the employees encouraging them
to resign under Civil Service; leaving the Retirement System
of the City of Miami and coming under the new retirement system
that the Off -Street Parking Authority has thus established. Are
the benefits as great? Do they have the right to pick up prior
service that they had under the Miami's Retirement System by
going into a newly established system? And yet I am not certain
that they do.have those rights, and even if they do, it's wrong
to intimidate a person who is elderly and afraid to stand up and
say, I will not resign. because his job may likewise be abolished.
A job of a lady who waE a Parking Violations Checker Two was
abolished. She had former status as a Parking Violations Checker
One. Someone who was a meter maid, to go out and help fund your
operation by issuing tickets se that you can fund your operation.
It's pretty atrocious, .as far as I am concerned, for Dick LaBaw
to simply abolish jobs of people who are trying to do a job for
you, Mr. Wolfson, as t':e Chairman of the Off -Street Parking; and
this character that you have to work for you, to treat his people
the way he does --and I know that the things that I am saying may
be held against me, hut that's really immaterial to me.
Alan Rothstein, City Attorney; I'd like to point out to the
Commission that this area of discussion is not what the Grand
Jury has asked the Manager and myself to look into, which is the
use of City funds. This is something else again.
Mr. Wolfson: We are very happy that the Grand Jury is looking
into it, because we are sure that no City funds have been used.
Mr. Paulk, all I can say to you is, I have not had one single
employee come to me and say that they have been forced, harrassed
or intimidated into changing jobs. And it's an interesting thing.
Usually, if problems do come up they get to my attention. People
are that way. If they feel they are being mistreated I hear
about it. Now, some jobs have been abolished in the Off -Street
Parking Authority where we have turned over the operation of a
facility to a private enterprise, because we thought they could
do the better job than we could do ourselves, and it has worked
out that way at a much lower cost to the citizens of this com-
munity in that particular instance.
Mr. Paulk: I understand, Mr. Wolfson, that you want to stay
in the profit margin, and I likewise understand that the lady's
job that was abolished in September of last year represented a
liability to the Off -Street Parking, because she had been in-
volved in an accident on her three -wheel motorcycle while she
was out doing her job, She shows up as a liability to the Off -
Street Parking Department, and it keeps you in the black. May-
be you don't know this but it's a fact. She was abolished because
2-22-73
she was involved in an accident. She was subject, to, perhaps,
some benefits under the workmen's compensation benefits, which
workmen's compensation provides, because it's open to it, and
they are :iot self -insured; they don't fall under the se:.f-insured
of the City of Miami. It is under an insurance program through
workmen's compensation benefits, and she becomes a liability;
paying out a claim; representing probably an increase in premium
as a result, and her job was abolished.
Mr. Wolfson: I thir.k that's a wrong accusation. I don't
think that happened at a11. If we :.et someone go it was because
they were not qualified; not doing the right job, or something
wrong of that sort. Naturally we want to show a profit, as you
say, as an Off -Street Parking Authority, but we also have so much
consideration for our employees that most of them have voluntarily
changed over from civil service to the benefits we have given them,
and I don't think there is but two or three left under civil ser-
vice, and it seems to me that if people want to voluntarily work
for the Off -Street Parking Authority, I don't see what the big
is about.
Mr. Paulk: The big is this, Colonel Wolfson --and I
hate to interrupt you --but the fact that the lady was let go be-
cause her job was abolished isn't the fact` that she was let go
because her job wasn't satisfactory. If her job wasn't satisfac-
tory --she was under civil service --she could have been charged;
charges preferred against her and she would have been subject to
possible hearing before the Civil Service Board, at which time if
the charges were gerrnaine, sufficient, appropriate, they would
have been upheld and the board would have agreed that she should
have been dismissed; but this is not true. The job simply was
abolished. The rug was stricken right out from under her.
Mr. Wolfson: Well, that's a matter of opinion.
Mr. Paulk: It's a matter of fact.
Mr. Wolfson: Our opinion is different. The Board knew all
about that case, and sided with Mr. LaBaw that he was right in
doing what he did.
Mr. Paulk: This is not true, Mr. Wolfson.
Mr. Plummer: Let me ask this question. You say we are free
to discuss this realm. All right. Colonel, is there anything that
under the Off -Street Parking Authority set-up as it presently
exists that a person who is let go , or their job has been
abolished, is there any proceeding, such as we have in civil
service, for a hearing.
Mr. Wolfson: Yes, sir. They can come before the Off -Street
Parking Board and cite their grievance, and we will take it under
just as careful consideration as any other board in the City.
Reverend Gibson: Colonel, let me, just for a minute, tell
you something. You know me and I know you. Until I got on this
Commission an awful lot of black folk used to work for that
parking authority; got fired summarily, and , man, nothing --Mr.
LaBaw, I see you frowning, and I could call one of my parishioners
who was involved --and I was really disappointed at the way the
Parking Authority treated him, and I'll never forget that, and
6t3
2-22-73
that's why I made mention --I didn't want to say that.
Mr. Wolfson: I'm glad you did, because I am going to say
something I didn't want to say before. Some of the employees
that we wanted, we couldn't get because they were black, and
we have been leaning over backwards to make sure that our em-
ployees, black, Cuban or otherwise, were given fair and equal
treatment, and I can tell you in my experience with the Off -
Street Paz'king Board, that we have more black employees now
than we had under civil service.
Reverend Gibson: That wasn't always --That hasn't always
been the case. lbw maybe this is what is happening now, but I
happen to know of more than one case, and civil service is
important to protect some of these people where you have some
arbitrary grievance on the part of people in charge.
Mr. Wolfson: I would like to do something for you --which
we don't have to do here today --I'd like to have Dick (Mr.
LaBaw) get you up the number of black employees under civil
service that we had and the number of black employees we now
have; and the black employees have been the leaders in coming
over to the Off -Street Parking Authority rather than civil
service.
Mr. Paulk: May I ask you one thing, Mr. Wolfson? If your
retirement system is so great, why does not your director re-
sign as the director and go to work for Off -Street Parking, so
that he may participate in the group insurance, and likewise
in the retirement system you have established for your people
who you think really want to be with you?
Mr. Wolfson: I think the answer to that is just what I have
said before. We put no pressure; we use no intimidation. Anybody
who wants to belong to Civil Service --Mr. LaBaw or any member --
God bless them; let them stay with Civil Service. They are
entitled to do it if they want to. If they want to come over
and not be in Civil Service, then we will take them over there.
Mr. Paulk: Colonel Wolfson, you speak of we, you speak of
the Board, the Off -Street Parking Board, as the we who do not
:.mpose upon these people through coersion or intimidation, but
you don't know that this man that represents you as your director
intimidates people asking them to move in to work for Off -Street
Parking, relinquishing their rights under civil service and re-
linquishing their rights under the City of Miami Retirement
System. It is being done; and if it is so great to encourage
his employees to do it, let him do it himself.
Mr. Wolfson: Mr. Paulk, I know you are a dedicated civil
servant for the City, azd you have done a good job for civil
service, and I'd like ;:o ask you the same thing I have asked
Reverend Gibson. If you know or hear of anyone who is being
intimidated to change over, please call me.
Mr. Paulk: I know, Colonel Wolfson, but I will not reveal
the information to you, because your friend there will abolish
their jobs.
Mr. Wolfson: I-Ie will not dismiss them.
67
2-22-73
Mr. Paulk: They don't fall under civil service anymore,
because they have already been intimidated to the point that
they are now still working for Off -Street Parking, but not under
civil service and not under the City of Miami's Retirement
System.
Mr. Wolfson: All I can ask you is if you know of someone,
please let me know.
Mr. Paulk: I do know, but I won't reveal it to you.
Mr. Wolfson: Mr. Mayor;' I am glad we got a chance to air
some of it. We do the best job we ,can for the citizens and the
community, and for you gentlemen, and we will continue to do so,
and I am just as sorry as I can be that this matter had to come
up and involve you people and harrass youupeople, because you
have enough problems, from my previous experience in being on
the City Council and also from what I have heard this morning.
Thank you very much.
2-22-73
6 c►
35, PAY PLAN STUDY- SUBMIS
IQ THE CITY COMMISSION
PORT FROM YARGER AND ASSOCIATES
Mayor Kennedy: Bob, while you are here and the other representatives
of the city groups are here. Mr. Reese handed out the Yarger
and Associates Pay Survey Report to us. The purpose of handing
it out was so that we could have 2 weeks to digest it and this
will be put on the agenda on March 8th meeting, is that right
Mr. Reese?
Mr. Reese: Yes Sir.
Mayor Kennedy: On March 8th meeting so we appreciate you all
coming down. Do you all have copies of this now? This will
definitely be on March 8th, do we have a time?
Mr. Reese: We haven't set a time but I also want to recognize that
it is proposed to come in at that time with the amount of funds it
will need to c.put this in effect and keeping in mind the two
resolutions the City Commission passed in October and also on
March 8th, there is a section in here that applies to the Water
and Sewer Board employees. We have to make sure that there is
some action taken because those people will be affected by a
transfer on April 1 and the Director of the Water and Sewer Board
said that he would be bound by whatever action was taken on their
particular wages so that it would be in effect by the time they
did transfer.
Mayor Kennedy: Yes Sir?
Mr. Hageman: My name is Hageman, I represent some of the employees
in the Water and Sewers. I appreciate Mr. Reese's remarks as to
the concern we have over the April 1st time when we leave the
City, unfortunately and I appreciate anything you can do for us.
Mayor Kennedy: That was one of the commitments that we made.
I have been trying to get a uniform Water and Sewer Authority for
almost 10 years now and its going to be much better for the general
welfare of the County to have a uniform group but one of the things
we stress very strongly was that our City employees would be able
to have the same benefits and the same pay increases that they
would be entitled to if they remained with the City. That was part
of the negotiations wasn't it Mr. Reese?
Mr. Reese: Yes Sir.
Mayor Kennedy: When we negotiated in good faith, that was definitely
on that basis.
Mr. Reese: We even went one step further to make sure and at
the last session of the legislature there was an amendment passed
to the State pension system that should at any time in the future,
any city pension or any other pension go into the state system,
all rights and benefits that are in existence in the city system
will be served through the state system because there is movements
by certain groups throughout the state of trying to get a consol-
idated pension system.
Mayor Kennedy: That will be on March 8th and Mr. Reese will
announce the time so you will be aware of it.
66
FEBRUARY 22, 1973
36, BID AWARD - DINNER KEY WATERFRONT MARINE FACILITIES
IILDINGS FOR BOAT STORAGE AND REPAIR
Mayor Kennedy. stated the Commission was ready to
consider the award of the bid for the Dinner Key waterfront
marine facility.
Mr. Reese: In your book, Mr. Mayor and members of the
Commission, we have put an analysis of the different bide, --
this analysis of the bids shows the bids that were submitted
and also reflects the best bid as far as theCity of Miami
would be concerned.
Mayor Kennedy: After surveying this Ar. Reese, you have
recommended as the high bid, Grove Key Marina, Inc.
Mr. Reese: That's right and recognizing that this lease
would be only for a two year period, and it would be necessary
for them, for a two year period, with a possible two year
option, but it is not an automatic exercise in this, and would
have to be agreed to, and also, with the necessary insurance
provisions in it, and that the lessee would pay all utilities,
maintain the buildings, interior and exterior in its present
conditions and provide the necessary custodial service.
Mayor Kennedy; Is there anybody who wants to speak on this
matter?
Mr. Morton Good: Mr. Mayor, and members of the Commission,
I am an attorney, and I represent Merrill Stevens Drydock Co.
I don't know if it is proper to inquire as to what the basis
of the recommendations of the City Manager is. I am familiar
with all the bids of all of the entities involved, ---the four
bids involved, as well as Crove Key. It is my understanding
that the bid would be accepted on or considered on the basis
of not only the amount of the bid, per se, but also the qualifications
and background and experience of the prospective bidders. Insofar
as Grove Key Marina is concerned, their bid money -wise is less than
Merrill Stevens bysome four to five thousand dollars. Insofar as
the qualifications are concerned I think that each one of the
members of this Commission are fully aware of the background and
the qualifications of Merrill Stevens and the service ir4 the
boating industry that they have provided to the public over the
past forty or fifty years in the State of Florida. Insofar as the
qualifications of Grove Key Marina are concerned, I have looked
over their application and I see nothing in their application
which indicates to me, in any event, that they have any qualifications
whatsoever, or training or experience in one, operating a Marina
in a proper manner, two, repairing or servicing of vessels in any
manner. There is very little qualifications if any, other than
being in the fishing industry, perhaps, in renting a fishing boat.
That is a far cry from operating a marina. In my view, if we are
to consider the two factors, money and qualifications, Grove Key
Marina is not even close on either count. Merrill Stevens itself
has got a successful operation in this State since 1885, and in the
City of Miami since 1920 some odd, with the City at Dinner Key,
since 1949. They operate the adjacent premises, of course, under
a somewhat similar lease, with a minimum guarantee of $22,000.00.
This last year, they paid the City close to $90,000.00 in the
existing lease, some five timesthe minimum guarantee. The figures
for this year indicate they are going toy paying the City in excess
2/22/73
`7U
of $100,000.00, so if we are talking about the two prime qualifi-
cations, I don't understand what the basis of the recommendation
was, or is, to recommend Grove Key Marina. There are no qualifi-
ctions set forth in the application that I know of. I have some
retail credit reports on then., that you would be interested in
on that. Their guarantee is nothing. There is no financial
backing to it. I understand their minimum guarantee is $34,850.00,
the bond that you would require is $20,000.00. There is no financial
backing, therefore that they are going to be financial capable of
responding to their minimum. Merrill Stevens on the other hand
is an entirely different thing. They are financially responsible
and the entire community knows it. I frankly don't understand
how Grove Key Marina could have been recommended. The other
bidder, Falcon had a higher guaranteed minimum -I can understand
how they would not be considered even though their guaranteed
minimum may have been higher. I cannot understand on either of
the two counts how Grove Key Marina could be recommended over
Merrill Stevens in this regard, and I personally, if it is not
out of order, appreciating hearing why or how that recommendation
came about. Thank you.
Mr. Freidlander: Mayor Kennedy, my name is Bill Freidlander,
I represent Grove Key Marina. I don't know if the City Manager
would prefer to respond now, or before mar rebuttal.
Mr. Reese: Please, go right ahead.
Mr. Freidlander: Let me begin by saying I just consulted
with my client. They have no problem at all in increasing their
performance bond to $34.850. if that would please the Commission
and the City Manager, so if there is any question as to solvency
or their ability to meet their obligations over the two years of
the lease, you willbe guaranteed by a surety company licensed in
the State of Florida. As to qualifications, I can only say this,
we are the high bidder. We have offere0 10.3;:,, we will produce
much higher revenue that has been offered by the other bidders,
and the fact that we are below Merrill Stevens in terms of the
annual minimum guarantee, I think should not be relevant to you
because I think, I told this Commission the same thing before in
a number of different situations that their interests here are
identical to yours. Their interest is the maximum amount of revenue
and they are going to do a darn good job at it. It is not their
intention to keep their gross down, it is going to be as high as
possible, and since they are paying you a larger percentage of
the gross than any of the other bidders, I think that you will
maximize your revenues. In terms of the management
of the Company, there has been a statement made by Mr Good that
my clients don't have the qualifications to run the complex. I
think that is a bit presumptuous since the running of the complex
would be left at least in terms of day to day operations to the
managers of the complex, and he doesn't know who they are. Let
me say a little bit about them. Spencer Merideth, with 6 years
with an advertising and marketing executive in N.Y. he is the
Chief Executive officer. He doesn't run a shrimp boat, but he
has a wide range of marine experience in Miami and the Carribean,
he was a boat Captain and owner, a fleet manager, a sea food
processing plant manager, a partner in a bar and restaurant marina
which he also operated, he has been in dock construction and has
also participated in the construction of a marine railway. In
addition to that, he owns a 72 ft. shrimp boat, but I think the
statement that this is his sole qualification is not only presumptous
2/22/73
71
but simply incorrect. In terms of day to day operations Joseph
Bethel has been retained and he is to be the yard manager of the
corporation. He will be in charge of lifts and storage of the
boats. Mr. Bethel grew up in in Key West around boats. He is a
boat captain, a boat owner, and was yard manager of a marina in
Key West for two years. He is going to run a day-to-day operation
of the yard. In terms of repairs, Mr. James Clements has been
a marine and auto mechanic and service manager for fifteen years.
In addition•to owning nine boats of his own, he has been through
the GM and Ford Managers Training School in connection with his
qualifications to make repairs. In connection with his qualifi-
cations to run the repair operations, I think they are beyond
dispute; they are beyond rebuttal. So there is much more here
than Mr. Good seemed to imply. This is a solvent group of people
who want to do a good job for you at the marina across the street
here. They are willing to guarantee their performance in terms
of their annual minimum guarantee by putting up the cash, if
necessary; if you require it, and I am volunteering it now, we
won't ask that you limit the performance bond to twenty thousand
dollars; we will provide you with a thirty-four thousand dollar
performance bond, which is the minimum annual guarantee --and they
are willing to make the effort tc clean up the Santana Marina lo-
cation. Could we see the rendering as to what we intend to do.
(Exhibited sketch) I won't say anything about the present con-
dition of the property, because you have to look at it every day.
What I will do is ask the principal, Mr. Meredith to come for-
ward and explain what his intentions are; what he intends to do
over the two-year period; and I want to make myself perfectly
clear on this; we are going to fight for that extra two-year op-
tion. We want it for four years, and this is the reason that
'we are willing to make some of the permanent improvements that
you are going to see and hear about now.
Mr. Meredith: My name is Spencer Meredith, and I have been
a resident of the Miami area since 1960, excluding some times
when I have been out of the country. For the last five years we
have been working to find a location for a rack storage marina
in the Miami area, because we feel there is a tremendous need
for that type of a marina, because it serves the needs of the
smaller boater; the man who owns a boat, say, between seventeen
and twenty-five feet, and this constitutes the majority of the
registered boats in Dade County. Now, there are a great many
rack storage marinas in North Miami and there are quite a few in
the Keys, but here in this Miami area there just really are not
adequate facilities for this type of storage. Now, at present
that Santana Marina over there is serving roughly a hundred
boats on cradles. There is a huge amount of land there, and our
proposal to the City is to put in rack storage as indicated by
this drawing (indicating) --and I will go over and point these
features out to you. We also want to --actually what we are talk-
ing about there is adding three hundred and twenty boats to the
ones That are already there --and of course I don't mean to imply
that anyone who is there is going to be asked to leave, or any-
thing like that --we are just adding to the existing facilities.
And the same thing applies also to --while I am on the subject I
want to just make the point that as far as our management is
concerned there are several employees who are working there now
who are going to be offered the opportunity to continue on in
their present positions. We have no intention of trying to go
in there and take anyone's job away. We see an opportunity to
2-22-73
72
expand employment in that regard by offering more services to
the public and more opportunities for people to work there. In
addition to the racks themselves, we want to do something with
that grassy area which down near that bait and tackle shop.
Right now it is in a run-down condition and its gross has fallen
off considerably in the last two years. We plan to remodel it
and to put in four gazebos down there to expand the food operation
and make it in a sense a mini -park, where it is not just for the
use of the boat owners who have their boats in storage, but also
for the public who comes through there. I think the view from
there is fabulous, and to just sit out there on a day such as
today and watch the boats go by is very nice. It could be cleaned
up and made veryattractive. I just point these out briefly.
(Pointing out various aspects of the proposed improvements on
sketch)
Mr. Friedlander: We have the people here today who are going
to provide the rack storage and the people who are going to pro-
vide the fork lift. Now, I don't know the answer to this, and I
hate to ask questions when I don't know the answer, but can you
please tell me when this rack storage facility could be installed?
Mr. Meredith: From the date that we take over the operation --
I talked to Dale Galbraith, who represents W. Johnson Equipment
Company in Hialeah. They sell fork lifts, and I think he might
like t.o add some words, but there is about a three months' delay,
three to four months' delay between the time we place the order
and the time we actually receive the truck itself, and we are pre-
pared to place the order today with him for the truck, and we will
order at this afternoon if ----
Unintelligible question.
Mr. Meredith: Well, that we would undertake as soon as we
took over. Our first job is to clean it up, and I think that's
the easiest part of the whole thing. I'd like to add also that
along the bulkhead there it is corroded away in a great many sec-
tions, and we would like the City Commission to make some minor
repairs to that. By that I mean to put some concrete in behind
it and fill land in and put some grass on top of it, so that it
is not a jagged mess where people are likely to get hurt on it.
In terms of the rack, I talked to John about that, and we will
have to complete our drawings. He has some drawings with him now
and I imagine that would be probably another three months, too,
before we actually completed it; so I would say that as a minimum
it would be three to four months, and as a maximum it might drag
out six months, but as we finish racks we will start making vacan-
cies available to boat owners.
Mr. Plummer: Let me ask you this question, because it's
something that, if you ever saw pandemonium around this town
it's the day that the hurricane flags are flying and people are
trying to start to secure a place for their boat during the
hurricane season, and I know myself, as well as many others,
start calling City Hall to find out; number one, is Dinner Key
Hangar going to be open, and if it is, what priorities are set.
Now you are increasing this from one hundred and twenty boats
to roughly three hundred and twenty?
Mr. Meredith: That would be four hundred and twenty.
73
2-22-73
Mr. Plummer: Four hundred and twenty boats; a good number
of boats. Is it your inference that these racks will be so
suitably built that during the hurricane season these boats can
remain there and be adequately protected?
Mr. Meredith: Yes, it is, Mr. Plummer.
Mr. Plummer: In other words this is not four hundred and
twenty boats that are going to have to run out and try to find
a place to hide?
Mr. Meredith: No.
Mr. Wilson: My name is John Wilson. I am General Manager
of ---- Fabricators in Fort Lauderdale. I'd like to make a
reflection on one thing that came up. Some question came up
about the capability of these people. Over the years I have
met with dozens of people ---
Mr. Plummer: Sir, I would appreciate it if you would answer
my question.
Mr. Wilson: I beg your pardon; what the answer to that would
be that we do have, and are designing racks --we have just completed
one for three hundred boats --that are designed to sustain the
hurricane winds. No question about it.
M. Plummer: May I just'ask two other questions, and they are
of the City Manager. Mr. Reese, my first question is, who holds
authority on who sets the rates? Does the City retain that auth-
ority, or is that strictly within the purview of the lessee?
M. L. Reese, City Manager: No, we don't maintain the auth-
ority. That's. the purview of the lessee.
Mr. Plummer: The second question, sir, is --because it did
come up in another operation --this place out front has a stand
which sells beverages, including beer, and this did become a
very bad problem down at Watson Island. What will happen with
that little stand as it exists today, sir?
Mr. Reese: Well, if I had my 'druthers we wouldn't be selling
beer on any of the City properties, but I don't have my 'druthers.
Their operation on that bait and tackle shop, as this gentleman
pointed out, they would clean it up, and they would still be in
a position to get a license and sell what has been going on in
the past, which would be beer and sandwiches.
Mr. Plummer: In other words, it is possible that beer, as
well as bait and tackle can be sold from that without any big
problem.
Mr. Reese: Providing they get the necessary licenses.
Mr. Plummer: I just wanted that clarified, because Watson
Island has been a big problem.
Mr. Reese: Well, there was no such operation over there.
2-22-73
74
Mr. Friedlander: My client has informed me, in connection with
xour question about the rates, that we would be willing in the
lease agreement to agree that there would be no increase for
storage unless it was approved in advance by the City.
Mr. Plummer: Sir, you are in private business, and you have
got to make your rates competitive to stay in business, or you are
not going to stay in business.
Mr. Friedlander: Well, he is an economist; I am not, and he
says that as a result of the great increase in the number of boats
that he is going to be able to keep there he feels that a handsome
profit can be made from storage, based on the current rate per
square foot. We certainly would not like to say that there will
be no increase; we would like to say in the lease that any increase
would be approved in advance by the City, if that was one of your
concerns.
Mr. Plummer: The only other question that I have, in reference
to the operation presently -:-and if you don't know the answer, sir,
please say so --but I get and number of complaints that the hours
of operation as it exists today do create a problem. If you have
ever used the facilities next door, I think that they are not open
until seven o'clock in the morning and they close at seven at
night, and if you come in after seven o'clock you have to leave
your boat in the water until the following morning when they come
in, and then they take your boat out. Are you aware of this
problem? Do you plan on expanding the hours of operation? What
is your intention, sir?
Mr. Meredith: Mr. Plummer, that is pretty much a universal
practice with the ran storage marinas to have certain hours in
the day when the boats can actually be taken out of the water,
because they have a trained fork lift driver on hand during
those times. All responsible marinas have night watchmen, and
it is their function, not only to protect the boats against
vandalism, but also to patrol and make sure that the boats are
tied up properly; so under normal circumstances, we would con-
tinue the basic operation of taking the boats out of the water
and washed down between seven and seven, and then in the event
that a boat is brought back after that, which happens very fre-
quently, we would be certain that it was tied safely to the
sea wall with bumpers, and we would take it out the first thing
in the morning and wash. it down then.
Mr. Plummer: I hope you are aware of what has happened
around that sea wall, because it is very rough in that area.
The only reason I posed the question was, because you are
planning --and something that is needed --expanding this opera-
tion by three times. Now you get into a week -end over there
and sometimes you have ten to fifteen boats that are left in
the water overnight. Now three times that is forty-five boats,
and you don't have adequate space around there to keep them
overnight. That's the only reason I am raising the question.
Mr. Meredith: Well, it's a very good question, and let me
answer by saying this; that if we found that this were the case --
and it does happen on busy week -ends, particularly week -ends like
the fourth of July week -end, where a tremendous percentage of
your boats are in the water for that week -end, we would get
extra help, and it's as simple as that. In other words, if it
2-22-73
got to the point where we had one or two boats that were staying
overnight, that's not a major problem. If we had twelve boats or
fifteen boats, or thirty boats, we would obviously have to take
another night. If it meant men working until twelve or one o'clock
in the morning, we would do it. To make another point on the sub-
ject of rates; the rates that are currently being charged at
Santana and Underwood are considerably higher than those in the
North Miami area, and it's due to the prime location. We feel
that this location here at Dinner Key is the finest location in
Dade County, and it's the finest in Flor:_da for recreational
boating. It's an cutstandir L6.6ation. There is a tremendous
potential in this' area, and it is a part of the Dinner Key Master
Plan. We feel that the boat owners of from seventeen to twenty-
five foot boats should have a sizeable place in which to store
their boats, and that's what '.e propose to do.
Mr. Plummer: My final question is a personal question. What
is the maximur size boat that ,you will be able to take into those
racks?
Mr. Meredith: The racks are capable of handling boats up to
twenty-eight feet. Now, the lease that was written previously
broke down the size :_` the boats between twenty-eight feet, over
and under; and o;Ter :a:,.,-e to hi: handled by Merrill -Stevens, although
they do have so:e :,rn;:ller boats in thure now. We would continue
to take no boats ever twenty-ciyht feet, and our rack storage
o'Deration IS Dime(.] ,- r irna o i l v t the more c Ammon size boat, which
is seventeen to twenty-f. iv': ' oct . The twenty-five to twenty-eight
we would continue to store. in cradles, because it just happens to
work out a little easi.er that w,:ty.
Mr. Friedla-ic;� : My final com,• ^nt is this --and I hadn't
even thought of it Before. T]„ practice of keeping these boats
on cradle:., is a verb perilous : le ,her: a hurricane does arrive,
and I don't think that the present owners of the leasehold really
can provide any protection in the event of a hurricane similar to
that which would be provided by t;xese racks which are designed to
withstand Lure:ican': winds. if you have a hundred and fifty boats
lying around the front of this marina facility, which they currently
do, I think it is quite hazardous. I assume there would be a way of
anchoring them, but this is certainly a more efficient way of hand-
ling it all the way around.
Mr. Good: Gentlemen, I'd just like to make one or two brief
comments. Mn. Plummer, you, I think, mentioned that Merrill -Stevens
next door had seven AM.to seven P.M. service.
Mr. Plummer: No, sir, I said the present --I was speaking
of Santana.
Mr. Good: Oh, I thought you were speaking of Merrill -Stevens.
Well, I'd just like to point out that as far as Merrill -Stevens'
present operations are concerned, they have twenty -four-hour
service there now, but after seven P.M. it's strictly an emergency
type service. In other words, if a boat comes in in distress, or
if a boat owner brings his vessel in in distress of some type,
there are people present to immediately haul him. It is not done
as a routine type of affair. Secondly, it comes somewhat as a
surprise to me, and to Merrill -Stevens, I believe, that this
really has turned into a competitive type bid. $ was my under-
standing from reading the proposals that competitive bids were not
2-22-73
76
being asked for; for strictly a responsive bid to the proposal.
And when I say competitive bids, I mean to suggest that I did not
understand it to be that each party was going to make a proposal
as to what they planned on doing for the next two years. The way
I read, and Merrill -Stevens read, the bid was that we were to re-
spond to what was being requested; not to come in with a competi-
tive proposition that we are going to beautify this area, or we
are going to do this, or we are going to do that. I do have Mr.
Lester Johnson with me today, who is the Vice -President of the
Dinner Key Division of. Merrill -Stevens, and he does have some
thoughts as to what their plan of operation would be there, and
if you would just bear with us a few minutes I think it would be
worthwhile his explaining what his thoughts are.
Mr. Johnson: I worked harder than I usually do studying
this bid that the City Manager pilt out. The bid asked for us to
respond in two places. They asked for us to respond in the per-
centage of our gross that we would pay, and asked a minimum
guarantee. It did not call for us to draw pictures; to think
what we would do in the two years th >t the lease calls for, or the
thirty day period that the lease is cancellable in. It did not
call for us to dream about what wo would enjoy doing there. It
called for us, as reasonable l .:c I;esv en ._c, say what can we accom-
plish in this sl-:ort capita]i at i n time. Iii fact, you have to
expense everythin.; bc:cau e or. a thirty -day cancella-
tion, Mr. busines e!i Ur:.'. 1.a2, try and p,;; something in there
that t : r ?. r t,.,
you are not L.:,., ...�.� � >>�:� . �e=:r�c�•� for a fact that we are able
to expand into this ervice, into this area, and offer you effi-
cient, immediate scr•,,ric.<_ for ,: csr boat owners of the City. We
are not pie in the s,y about a stack and those things, because,
first of all, you ha.'cn't 7p proved t. if I am basing my economy
on putting an cnen sick rind _-r;•: in this aria, I had better be
basing it en so:nel_hii? that Cancn Gibson cave me, which is a lot of
prayer that you ions are giny t.c say, OK, you can build it. You
may not want an open stack and stow. You may want something
else. I am not projf,:cfi_aq for you what is going to happen in the
thirty -day period that is canreiiable, or the two-year period that
it may run, or the four-year r,er. i od that it could possibly go into.
The bid called for two things; a percentage of your gross, and a
guarantee. That's what we put in there. I examined all the other
bids, including this bid, and believe me you can tell that some of
the people have been in public relations and advertising, because
in is a very beautiful word picture of what they would like to do
there. Now, if we are going to go into competitive proposals, I
would like to hire an advert s_ng man, and have him draw a word
picture for you that I guarantee you will dazzle you off your
feet. I will have it in color, and I will have a whole lot more
to say about what I can do there than I will in putting the per
cent. I am going to pay and the gross that I am going to pay. i
know what our company can do. We can open business there tomorrow
without expensing the force that we are using. We can spread in
this area. We have trained mechanics working today. We have got
painters, fiberglass men; we have got superintendents; we can
expand in this area and give the City continuous service. If you
want more stack and stow, believe me, the economics of stack and
stow are blatantly, plainly money. You can make money out of it
and we can make money out of it. Last month Merrill -Stevens paid
you eleven thousand and twenty-five dollars rent. In the month
of January, 1973. That's the kind of thing we like to do. We
like to grow, and you get a considerable return out of it, and we
are pleased and proud that we are able to pay that much money to
the City. Hopefully, this same thing could happen there. Why
2-22-73
three hundred more boats? Why not six hundred more boats? There
is no limit to it. It's what you will allow; and I guarantee you
that if we are going to go into competitive proposals --and I
assume that is what this bid is based en because I can surely
think of no other reason --that we will make a competive proposal
that will knock our eyes out, if that's what you want.
Mr. Friedlander: I have two comments in response. Number
one; I think again the fact has bean glossed over that we are
the highest bidder, percentage -wise; and number two, if Merrill-
Ste'rens is to cone hack now with a higher bid this is no longer
a bid proposal; this is an auction, and I don't think it was
intended by any of you.
Mr. Good: I would just like to make one closing comment.
I do not agree that they are the highest bidder. They are the
highest percentage bidder, but Santana has been there for I
don't know how many years, and `_heir gross has not exceeded
about four hundred thousand dollars. There is no reason to be-
lieve that anyone, except someone trained, that could make your
gross go above that. The guarantees of Merrill -Stevens are
higher; their financial integrity is beyond repute. Grove Marina
is a brand new company with r,c tackr,; uund . 1 suggest that
Merrill -Stevens is the ;-rest an:t the most qualified bidder for
this lease.
Mr. Thorpe: '.' y name is R ; ,' Thorpe. I am President of
Falcon Safety Pr-: =wets , who is iii fact, in this proposal, the
highest bidder. raxr 1 read the figures? Falcon Safety Products
guarantees a minimum annual rent to the City of Miami of $45, 500.
Merrill Stevens guar:utees $37, 5ri0. , a.o. Grove Key Marina
$34,850. There is nc y-uaru.:tee other than the minumum guarantee.
Anybody can go in th -ire and say the, ..re going to give you ten
per cent.; fifteen per cent.; a hund.:'ed per cent. There is no
guarantee of the business that they are going to do other than
the minimum guarantee. Now as a businessman I have been trained
to keep my eye on the ball, and .ghat is the ball in this particu-
lar case? There are three.points that I think are'important.
Number one; w r) guaranter:s the largest income to the City of Miami?
In this case it's Falcon Safety Products by a large margin, and
you have the figures in front of you. Number two; what is that
company, firm or iadividual's a}ility to make those payments?
Now, if that question was part of the homework of the City
Manager, he would have found that the financial strength of Falcon
Safety Products exceeds by a large margin any of the other bidders --
and I am prepared to hack that up with facts right here and now.
Question three; what will the company that is the successful bid-
der be able to provide for the City of Miami? The services that
the City wanted were clearly defined in the bid proposal. We are
prepared to do that. Now no one knows Falcon Safety Products,
because we are not a Florida corporation; we have never done
business in the State of Florida. That's why I have a few minutes
right now to tell you who we are; and you may ask any questions
of me that you want to. In 1966 my brother and I took our life's
savings and bought a company which, in fifteen years of doing
business had never exceeded four hundred and fifty thousand dol-
lars a year in sales, and had lost in ten years for the former
owner over half a million dollars. That company today, along
2-22-73
'7 8
with two wholly owned subsidiaries that have been purchased be-
cause of the growth in Falcon? in 1972 did 3.5 million dollars
in sales, and has made for us, the sole owners, at least half a
million dollars in the last seven years. Now that gross has come
about because of imaginative thinking, which I, for one --my
brother has got his background --my background is that I graduated
from M.I.T. in 1958, an6 when I graduated irom the Alfred
School of Management, my professor told me that there was np
business that I could not gc into and make a success of; and I
have not been proven wrong yet; so I w-,uld question the City
Manager to show cause as to why he is accepting a lower bid,
which will lose $21,300. from the City cf Miami in the first
two years of this lease agreement; and I will be happy right
now to answer any questions regarding our financial strength,
ability, and so forth.
Mayor Kennedy: Could ,you 7i•.'e us the reasons why you
chose Grove Key?
M. L. Reese, City Menage::: Well, I had the benefit of
the total sales that were aenerat-d ever the years by the
Santana people in their operation, and when you take those
gross sales, and then apply the ten, point, three per cent. to
it, you can see t'.-tat the projection of earnings is greater than
is reflected by any of the q.:ar'antee; ; and it's fair to assume
that the people that have ,reposed to come in here to do it
would he in a posit won of addin.1 the type of service that would
increase their i nr: me. In 1967 lo? gross sales at the Santana
Marina was one mlcn,forty-:�•,e thousand, five hundred and
ninety-seven dr,llarn, which t.l.c t(2n, point, three per cent.
would he applied ac E, i rrt . For soliunknown reason in '68 it
dropped down to fivhunrr_d and fifty-two thousand.
Mr. Thorpe: I4 v I comnten on
Mr. Reese; May I , please?
Mr. Thorpe: I was gciucj to give yeu the unknown reason,
if you want it.
Mr. Reese: I: didn't say it was un3nown; I said for no known
reason.
The following year it went down to four hundred and three
thousand, one hundred and fifty dollars; and the following year
it went to four, thirty-three, six, oh, five; to four, fifteen,
seven, thirty-eight. Now, in going over the Internal Audit re-
ports, when it dropped down below the million, this is the time
when the discussion was started about putting this out on bids;
and also the present operator permitted this operation to go
downhill, and a lot of the people had left and stopped going
there, and he was servicing these boats solely with the people
who owned boats coming in and performing their own work, or
having their work performed. And this is the rationale that
was used of recommending this corporation, with an anticipation
of getting a greater income into the operation.
Mr. Thorpe: I would just like to make a comment. The
City Manager mentioned the large drop in sales from 1967 to 68.
Now the City provided in the bid a summary of sales and rentals,
and it is obvious, if you look at that, that the drop in sales
of half a million dollars took place entirely in the wholesale
department, and I would imagine that corresponded with the loss
79 2-22-73
of the distributorship f)f the Evinrude Engine; with that drop in
sales. Now, the City Manager just made some comments, but I
still have not heard a justification of why, when a company has
guaranteed the City forty-five thousand, five hundred dollars a
year, why is the City willing to accept thirty-four thousand,
five hundred a year? I have heard no justification of that what-
soever.
Mayor Kennedy: Well, he did. He said that the percentage
of the gross receipts is greater than the guarantee. Ten per
cent. of even eight hundred thousand is greater than forty-five
thousand, five hundred.
Mr. Thorpe: That is if the sales are met. Now our per-
centage guarantee was ten per cent. The difference between
ten per cent. and ten, point, three per cent. is very little.
Mayor Kennedy: In here it says nine, point, two.
Mr. Thorpe: I am scr ; you are correct; nine, point, two
per cent. But ever the difference between nine, point, two
per cent. and ten, point, three per cent., figured on what has
to be guaranteed to make u:: that difference; the difference be-
tween thirty-four thousand, eie t hundred and fifty, and forty-
five thousand, five hunci::eC dollars is a tremendous amount. Now
I agree with the gentleman from Merrill -Stevens, who said, if
this is a bidding p-onesal where you are supposed to hire experts
to come in an drav u; ctures , this fine, well and good. It's
creative; it':: t:,c % a_. 7: think the situation should be handled;
but that bid p:rnpos did not ask for that; it asked for two
things, a price and e percentage, and that's what we offered.
And I really- canny t see i, r)w the gentleman from Grove Key can
stand here and say They are the high bidders, because the only
thing that is guar .inteed is the annual rent; not the percentage.
There is no guarantee on what that percentage is going to
create, because bad management could come in there and halve the
sales.
Mr. Good: Just very briefly. Mr. Reese indicated that he
had based his analysis on the fact that Grove Key's percentage,
when applied to some prior years in Santana's business would
realize something like a hundred thousand dollars a year. Ten
per cent. of the one million dollar figure. I would just like
to re-emphasize what this gentleman said. The big problem now
with Santana is, and why they are down from one million to four
hundred thousand is the loss of the Evinrude-Johnson distributor-
ship. That's something that neither of these people could re-
capture immediately; certainly within the year to two-year per-
iod that they would have in there; so it is not realistic to
look at any of the proposals, really, on the basis of 1967
earnings of Santana of a million dollars when that feature is
gone. If we are going to talk about that, Merrill -Stevens has
a number of distributorships that can be put over there, per-
haps; I don't know, and that would tend to increase the volume.
I think you have got to look at proven track.records--and I am
speaking specifically of what Merrill -Stevens has done over the
years. They have got a minimal guarantee over there now;
twenty-two thousand dollars a year where they are. They are
paying the City of Miami in excess of a hundred thousand dol-
lars. There is no reason to believe that the same situation
couldn't prevail on this lease, given enough time to improve it.
You obviously can't do it in two years. You can't put in a
8u
2-22-73
half million dollars worth of improvements on a two-year lease.
That's not realistic either. I suggest that Merrill -Stevens is
the only qualified bidder of the four.
Mt. Friedlander: To close, it has digressed a bit --and I
was very impressed by that gentleman's balance sheet. Knowing
what I know about Merrill -Stevens, I think his statement that
he is larger than the other two bidders is a bit absurd. None-
theless, I am not here to argue about that. I don't think
Merrill -Stevens, due to its proven performance in large boats,
should be able to take over the bayfront. We have offered the
highest percentage return to the• City of any of the others. We --
if dollar business in our business alone as to whether or not we
capitalize or expense these items --and it matters not a bit
to the City because you are being paid on the gross; not on the
net, or not on our net :axable income; so that's a smoke screen.
And we urge you to adopt the recommendation of the City Manager
and allow the high bidder to get about the business of cleaning
up the Santana project; making these improvements, and starting
to offer the services to the community that I know they will
offer.
Mr. Reboso: Based on the recommendation of the City
Manager I propose that the Grove Key Marina be accepted.
Mr. Plummer: I know we have a choice, but still all in all
I feel that Mr. Reese has researched this and backgrounded this,
and I will have to yo along with his proposal and second the
motion.
Thereupon the fol.owing resolution was introduced by Mr.
Reboso, who moved its adoption:
RESOLUTION NO. 73-136
A RESOLUTION ACCEPTING THE PROPOSAL OF GROVE KEY
MARINA FOR FURNISHING DINNER KEY WATERFRONT
MARINE FACILITIES - BUILDINGS FOR BOAT STORAGE
AND REPAIR
(Here follows body of resolution, omitted here and on
file in the City Clerk's office)
Upon being seconded by Mr. Plummer the resolution was
passed and adopted by the following vote - AYES: Reverend
Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Kennedy.
An unidentified man representing Falcon Industries: May I
make a few comments here? All the sketches, plans and outlay;
having the financial ability and backing, as well as the
managerial experience, is important, but there is one thing that
has been lacking in this area --and I am well aware of it because
I was born and raised in Coconut Grove. I run a sailboat rental
down at Dinner Key, Capital Harbor. We also have a marina up
north. And the whole idea with Falcon industries is, number
one; that he demonstrated to me that he was concerned about the
needs of the people, the boating people. 'u mentioned, Com-
missioner Plummer, about the fact of hurricanes. I am in charge
of approximately forty-five sailboats. I am a member of Coconut
Grove Sailing Club, and that is a big problem, because with the
lease you have with the City it is stated that in hurricane
warnings those have to be removed, and as was said by the
81.
2-22-73
gentleman across thevay, the cradle is really a hazardous opera-
tion. I have seen this Dinner Key Parking Lot during two
hurricanes. But what I think is lacking in a lot of areas is
that people will come in with managerial experience, but it ends
up, public be damned. If you don't have a certain size boat;
if you want to work on your boat; if you can't pay the increase;
if there is no concern over the price to be charged, the rate
for service --and this is why I believe Falcon Industries should
have been the one to get it, because. I really believe that his
interest is in this area, as it has been mine, and I have been
concerned with serving people. I have been with the boating
people all my life; and I just hope that whoever comes in to
get the area will never forget, as I can't forget, because I
am in the business of serving the public, that it is very im-
portant that these things that we discussed here, after it is
all over and you go to have your boat hauled up there, that
seems to be immaterial any more, although I agree there are
proper channels to register the complaints. But the need is
here, and I believe Falcon Industries can provide not only the
financial backing, the managerial experience, but also a desire
to serve the community; and this is why I chose to speak at
this time.
2-22-73
oG
37, BID AWARD - WORK SHIRTS AND WORK TROUSERS FOR VARIOUS DEPTS.
The following resolution was introduced by Mr. Plummer
who moved its adoption:
RESOLUTION NO. 73-137
A RESOLUTION AWARDING THE BID RECEIVED OF JULES
UNIFORM INC., FOR FURNISHING WORK SHIRTS AND
WORK TROUSERS FOR USE BY TI-iL DEPARTMENTS OF SAN-
ITATION, PUBLIC WORKS, PUBLIC PROPERTIES, AND
PARKS AND RECREATION, FOR THE PERIOD MARCH 1,1973
TO FEBRUARY 28, 1974
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Gibson, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None
38, AMUSEMENT RIDE PLFi1T: LMRY LTI 'S GOLD COAST SUMMER CAMP
SHELLS CITY EARKfRa AREA
Mr. Reese: I handed out a ies
sider if they should authorize
mandatory that. Lair\ li tt .,
ation of this concsloi: Out t
rides and not to cp•_'r•a t i on tha
would bring about a r,: rs.u: do
This has been in upe : :, t i o i r,
get complaints frc:;n so I know
to permit these where possible
would be operated within the C
olution for the Commission to con -
this permit which would make it
Gold Coast Summer Camp and the oper
h:re would be confined solely to
t w :uld cause any activity which
mcns t i•a Lion of skill or chance.
sc;nc areas and this is an area we
it was the Commissions inten tion
but also to control them so they
i ty.
Thereupon the following resolution was introduced by
Mr. Reboso who moved its adoption:
RiiSCLUTION NO. 73-138
A RESOLUTION AUTHORIZIi3G PERMITS TO BE ISSUED FOR
THE HOLDING OF AMUSEMENT RIDES ONLY, NOT TO INCLUDE
ANY AMUSEMENTS OTHER THAN RIDES, AT THE SHELL'S CITY
PARKING AREA AT N. W. 58TH STREET AT 7TH AVENUE, BY
LARRY LITTLE'S GOLD COAST SUMMER CAMP FROM MARCH 9
THRU MARCH 18, 1973, SAID RIDES TO BE OPERATED IN
ACCORDANCE WITH THE PROVISIONS OF ORDINANCE NO. 7267
PROVIDING NO LIVING QUARTERS OF ANY TYPE WILL BE
ESTABLISHED IN ANY OF THESE FACILITIES DURING OR
AFTER THE EVENT; PROVIDING THAT NO LIVE ANIMALS WILL
BE PERMITTED AS PART OF SAID OPERATION; FURTHER PRO-
VIDING FOR PROPER TOILET FACILITIES FOR USE BY
PERSONNEL WORKING IN CONNECTION WITH THE AMUSEMENT
RIDING DEVICES; AND FURTHER PROVIDING THAT PROPER
TOILET FACILITIES ARE AVAILABLE FOR THE GENERAL PUBLIC
WHO ARE IN ATTENDANCE FOR THE AMUSEMENT RIDING DEVICES,
AND THAT AT LEAST EIGHT POLICE OFFICERS, OR AS MANY
ADDITIONAL AS MAY BE DETERMINED BY THE CITY MANAGER'S
OFFICE, BE FURNISHED BY THE APPLICANT TO PROVIDE
CROWD CONTROL SERVICES
8
FEBRUARY 22, 1973
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Plummer, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Reboso, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None
39. AMENDING CHAPTER 55 OF THE CODE- EXCISE TAXES
Mayor Kennedy: Would you explain this?
Mr. Rothstein, City Attorney: This is pursuant to a ruling by
the Circuit Court.
This is the one because of a technical interpretation which I
made of the Ordinance and of the State Statute, I felt that we
should not exclude Florida Power and Light unless we had a
court order. The trial court gave the order and the Commission
on my recommendation voted not to appeal and this is the approp-
riate therefore.
An Ordinance entitled -
AN ORDINANCE AMENDING —SECTION 55-2 SUBSECTION (5)
OF ARTICLE I ENTITLED "EXCISE TAXES" OF CHAPTER
55 OF THE CODE OF THE CITY JF MIAMI, BY DELETING
SECTION 55-2 SUBSECTION (5) EXCLUDING THE SALE
OF FUEL OOIL TO A PUBLIC OR PRIVATE UTILITY, EITHER
FOR RESALE OR FOR USE AS FUEL IN THE GENERATION OF
ELECTRICITY FROM TAXATION; REPEALING ALL ORDINANCES,
CODE SECT IONS OR PARTS THEREOF IN CONFLICT HEREWITH
INSOFAR AS THEY ARE IN CONFLICT; AND PROVIDING FOR
A SEVERABILiTY PROVISION
was introduced by- Mr. i'lummc r, seconded by Mr. Reboso and passed
on its first roadirl„ by title by the following vote - AYES:
Messrs. Gibson, Plummer, Reboso, Mrs. Gordon and Mayor Kennedy.
NOES: None
40, PERSONAL APPE[R4I' CE B'' RS , DORIS C. BARTON._
Mrs. Doris C. Barton of 3121 S. W. 19th Terrace, appeared
together with her Boston Terrier "Peach" and described damage
done to her dog on the morning of February 25, 1972 through the
accidental spraying with kerosene by a City of Miami Maintenance
Crew and described her subsequent treatment of the animal by herself
as well as the vetinarian. She emphasized the characteristics of
the breed were bright glossy eyes and that since the accident her
dogs eyes were cloudy.
Mr. Rothstein, City Attorney explained that her claim had
been taken into consideration when the original bills in the
amount of $24.00 were prsented but that Mrs. Barton later filed
a claim for $300.00 for the damage and the inconvenience that
both she and her dog had suffered but that he had researched the
matter and technically could authorize nothing more than the pay-
ment of the veterinarian bills which the Commission had previously
authorized.
After a lengthy discussion, the following resolution was
introduced by Reverend Gibson, who moved its adoption:
FEBRUARY 22, 1973
84
RESOLUTION NO. 73-139
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF
THE CITY OF MIAMI TO PAY TO MRS. DORIS C. BARTON
THE SUM OP $150.00 IN ADDITION TO $24.00 PREVIO-
USLY AUTHORIZED TO COVER EXPENSES INCURRED IN
CARING FOR HER DOG, PEACH, WHO WAS SPRAYED BY A
CITY OF MIAMI MAINTENANCE CREW
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Reboso, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Gibson, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None
41, LEGISLATIVE LIASON - APPOINTMENT OF RONALD C. LA FACE
Mr. Rothstein: I have a matter. Back in September, the Commission
authorized a budget provision for the liason man for the city in
Tallahassee with the legislature. At that time the indication was
that it would be Mr. Wilton Miller who was representing us last
year. I have been advised that he cannot be out liason man because
of a problem in his operations so that he no longer can act as our
liason man and as we told the legislative committee that we were
before the other day, I would suggest to you that there is a
qualified attorney, ?,Mr. Ronald LalF]ce i-71Tallahassee, a former president
of florida blue key, former attorney geeral's assistant, a
treasurer for the University of Florida Alumni Association and
a member of the State Executive Committee. He is representing
Palm Beach and Lon Worth Crow and similar clients and since he is
familiar with the problem, I think he could do a good job for the City.
I would make that suggestion to you.
Thereupon the following resolution was introduced by Mr. Reboso
who moved its adoption:
RESOLUTION NO. 73-140
A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER
OFFICIALS OF THE CITY OF MIAMI TO ENTER INTO AN
AGREEMENT WITH RONALD C. LA FACE, AS LEGISLATIVE
LIASON REPRESENTATIVE FOR THE CITY OF MIAMI IN
TALLAHASSEE UNDER THE SAME TERMS AND CONDITIONS
AS THE PREVIOUS AGREEMENT WITIH WILTON R. MILLER
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Mr. Plummer, the resolution was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboso,
Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None
85
FEBRUARY 22, 1973
,. 1
42, AMUSEMENT RIDES PERMIT - CENTRAL SHOPPING PLAZA
The following resolution was introduced by Mr. Plummer who
moved its adoption:
RESOLUTION NO. 73-141
A RESOLUTION AUTHORIZING AND DIRECTING THAT PERMITS
BE ISSUED TO ENDY AMUSEMENT RIDES FOR THE INSTALL-
ATION OF AMUSEMENT RIDING DEVICES ONLY, NOT TO
INCLUDE ANY AMUSEMENTS OTHER THAN RIDES, AT CENTRAL
SHOPPING PLAZA, AT N. W. 37 AVENUE AND 7 STREET, FOR
THE PERIOD FROM MARCH 21 THROUGH APRIL 1, 1973, SAID
AMUSEMENT RIDES TO BE OPERATED IN ACCORDANCE WITH
THE PROVISIONS OF ORDINANCE NO. 7267; PROVIDING NO
LIVING QUARTERS OF ANY TYPE WILL BE ESTA DISHED IN
ANY OF THESE FACILITIES DURING OR AFTER THE EVENT;
PROVIDING THAT NO LIVE ANIMALS BE PERMITTED AS PART
OF SAID OPERATION; FURTHER PROVIDING FOR PROPER
TOILET FACILITIES FOR USE BY PERSONNEL WORKING IN
CONNECTION WITH TILE AMUSEMENT RIDING DEVICES; AND
FURTHER PROVIDING THAT PROPER TOILET FACILITIES ARE
AVAILABLE FOR THE GENERAL PUBLIC WHO ARE IN ATTENDANCE
FOR THE AMUSEMENT RIDING DEVICES, AND THAT AT LEAST
EIGHT POLICE OFFICERS, OR AS MANY ADDITIONAL AS MAY
BE DETERMINED BY THE CITY MANAGER, BE FURNISHED BY
THE APPLICANT TO PROVIDE CROWD CONTROL SERVICES
(Here follow body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Reboso,
Gibson, Plummer, Mfrs. Gordon and Mayor Kennedy. NOES: None
43, CONSTRUCTION OF VAULT,STREET RIGHT OF WAY, SOUTHERN BELL
The following resolution was introduced by Mr. Plummer •
who moved its adoption:
RESOLUTION NO. 73-142
A RESOLUTION APPROVING THE CONSTRUCTION OF A VAULT
IN THE STREET RIGHT OF WAY IN FRONT OF THE SOUTHERN
BELL TELEPHONE AND TELEGRAPH COMPANY OFFICE AT 36
N. E. 2 STREET AND AUTIHIORIZING THE ISSUANCE OF A
PERMIT THEREFOR
(Here follows body of resolution, omitted here and
on file in the City Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Plummer,
Gibson, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None.
86
FEBRUARY 22, 1973
44, APPOINTMENT TO YOUTH ADVISORY OUN.CIL
The following resolution was introduced by Mrs. Gordon
who moved its adoption:
RESOLUTION NO. 73-143
A RESOLUTION APPOINTING HAZEL BUNGY AS A MEMBER
OF THE YOUTH ADVISORY COMMITTEE OF THE CITY OF
MIAMI
(Here follows body of resolution, omitted here and
on file in the city Clerks Office)
Upon being seconded by Reverend Gibson, the resolution was
passed and adopted by the following vote - AYES: Messrs. Gibson,
Plummer, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None
45, WEIVISERNIGLA L PERSONS ?0 CITIZENS_ ADVISORY CDMMIjjEE
Mayor Kennedy announced the appointment of two additional
persons to the Mayor's Committee on Revenue Sharing:
MR. NATHANIEL DEAN AND MR. MARIO J. MENESES
87
PEBRUARY 22, 1973
46. MIAMI EDISON HIGH SCHOOL BAND - REQUEST FOR FINANCIAL
ASSISTANCE:
Mayor K^nnedy made the following statement:
Mr. Reese, I got a letter from Principal Duncan of Miami
Edison Senior High. Their band is planning a trip to Mexico
City to attend the Mexican Band Festival. This will be the
first year that the Edison Band has been asked to participate
in the festival. The band has held concerts and carnivals in
order to raise money for the Mexican trip, but they have been
unable to meet their goal, and they are asking for a contribu-
tion from us; and I am wondering if we could help in any way
through the Publicity Department, this band. We have helped
bands before, haven't we? Wasn't it the Miami High Band a few
years ago?
M. L. Reese, City Manager: Not that I remember. I know
they were before us to request it, and what we did was help
publicize them and help promote money coming in, but not that
I recall did we es° any appropriated funds.
Mayor Kcen.:ey : If they called Lew Price he might be able to
help them in a fund raising event or something.
Mr. I c:;e! right. Sometimes even go so far as to
see if there i s :' t. .‘,;me good samaritan in town who will make the
money a va i a J e.
Mayor: Ail right.
ADJOUPJ 9ENJ .
There being no further business to come before the Com-
mission at this Lime, on motion duly made and seconded, the
meeting was adjourned at 5:40 o'clock P.M.
ATTEST: H. Du SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
DAVID T. KENNEDY
MAYOR
88
Cli % OF MIMi
- DOCUMENT
ME.ETING DATE:
I NDEX j L ,,
COMMISSION RETRIEVAL
ACTION CODE NO.
ITEM NO.
DOCUMENT IDENTIFICATION
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
COMMISSION AGENDA & CITY CLERK REPORT (14 pages)
NOTICE OF PUBLIC HEARING -EXTENDING HOURS OF SALE
OF BEER & WINE BY RESTAURANTS
NOTICE OF PUBLIC HEARING -PROPOSED CONVENTION
HALL IN DOWNTOWN-MIAMI CENTER
AUTHORIZE PURCHASE -LIEU OF CONDEMNATION PARCEL
88N-MIAMI DOWNTOWN GOVERNMENT CENTER
ACCEPT COMPLETED WORK-GOODWIN,INC. SANITARY SEWER
MODIFICATIONS-1973
ORANGE BOWL IMPROVEMENTS -WASHROOM FACILITIES
FOR HANDICAPPED
CLAIM SETTLEMENT-WINSTON SAMUEL COOPER
CLAIM SETTLEMENT -FLORA BELL MILTON
ACCEPT COMPLETED WORK -HENRY DEGRAFF & SON,INC.-
FIRE STATION NO. 2
REGISTERING NO OBJECTION TO CONSTRUCT A SALINITY
DAM IN THE TAMIAMI CANAL
RENEWING CONTRACT-FLA.DUST CONTROL SERVICE INC.
APPOINT MEMBERS -RESTRUCTURING PLANING & ZONING
PROCESSES
APPRECIATION -CHASE MANHATTAN BANK OF NEW YORK-
PARK & RECREATION BONDS
ADVERTISE -SEALED BIDS -CONSTRUCTION OF BISCAYNE
EAST HIGHWAY IMPROVEMENT H-4357
CIVIL SERVICE BOARD -STATUS OF OFF-STREET PARKING
DEPARTMENT EMPLOYEES
VARIANCE -TO PERMIT CONSTRUCTION OF FENCE FOR
PRIVATE TENNIS COURT-5555 NORTH BAYSHORE DR.
PUBLIC HEARING RIVERFRONT PARK -MARCH 12-1973
PUBLIC HEARING -PROPOSED CONVENTION HALL IN
DOWNTOWN "MIAMI CENTER"
PUBLIC HEARING -EXTENDING HOURS OF SALE OF BEER
& WINE BY RESTAURANT S
AWARD BID -WORK UNIFORMS-JULES BROTHERS UNIFORMS
INC.
R-73-117
R-73-118
R-73-119
R-73-121
R-73-122
R-73-123
R-73-124
R-73-125
R-73-126
R-73-127B
R-73-129
R-73-132
R-73-137
0047
0048
0049
73-117
73-118
73-119
73-121
73-122
73-123
73-124
73-125
73-126
73-127B
73-129
0050
73-132
0051
0052
0053
73-137
UPIENTINDEX
PAGE #2
- C N
iMr�rr rn�NTTrT .ATTnN • CT_ION.. l i NO.
21 AMUSEMENT RIDES -SHELL'S CITY PARKING AREA AT
N.W. 58TH STREET AT 7TH AVENUE
22 PAYMENT TO MRS. DORIS C. BARTON-COVER EXPENSES
HER DOG CARE
23 AGREEMENT WITH RONALD C. LA FAC^ AS LEGISLATI
LIAISON REPRESENTATIVE CITY OF MIAMI
24 AMUSEMENTS RIDES AT CENTRAL SHOPPING PLAZA AT
N.W. 37 AVENUE AND 7 STREET
25 CONSTRUCTION -VAULT IN FRONT OF SOUTHERN BELL
TELEPHONE OFFICE AT 36 N.E. 2 STREET
26 APPOINT MEMBER HAZEL BUNGY-YOUTH ADVISORY
COMMITTEE CITY OF MIAMI
•
R-73-138
R-73-139
R-73-140
R-73-141
R-73-142
R-73-143
73-138
73-139
73-140
73-141
73-142
73-143