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HomeMy Public PortalAbout1994-09-20 Regular Meeting191 COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 20, 1994 The regular meeting of the Bal Harbour Village Council was held on Tuesday, September 20, 1994, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order by Mayor Spiegel at 9:33 a.m. The roll was called and those present were: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Councilman Sol M. Taplin Also present: Edward A. Gross, Village Manager Jeanptte Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Taplin and seconded by Councilman Boggess to approve the minutes of the July 18, 1994, Special Meeting. There being no changes or additions, the motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Assistant Mayor Blank and seconded by Councilman Hirschl to approve the minutes of the July 19, 1994, Regular Meeting. There being no changes or additions, the motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the minutes of the July 29, 1994, Special Meeting. There being no changes or additions, the motion carried unanimously (5-0), and the minutes were approved as submitted. 3. Presentation Officer of the Month: None 4. Public Hearings: The Village Clerk advised the Council that the owner of Harbour House Boutique is requesting a non-use variance to run a convenience establishment to be located at 10275 Collins Avenue. Mayor Spiegel then opened the Public Hearing for comments Eileen Ross, President of the Harbour House Chapter of Hope Center, Inc. explained her Chapter has been operating the gift shop for a number of years. She further explained the proceeds are to benefit the mentally disabled clients of Hope Center. Regular Council Meeting 9/20/94 1 192 The Village Clerk explained this was brought to her attention by a list of Businesses operating in the Village provided by Metropolitan Dade County. She further explained Mr. Maister, Manager of the Harbour House, stated Hope Center Inc. is charged a monthly rental. The Council questioned Mr. Weiss if the license fee could be waived. Mr. Weiss replied no. He then questioned Ms. Ross about the amount of inventory of the shop. Ms. Ross replied approximately $1,000. Mr. Weiss explained the fee would be $50, which he would pay . There being no further comments Mayor Spiegel closed the Public Hearing. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to grant the variance. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. At this time Mr. Weiss requested the Council hear item.7B, which was advertised as a Public Hearing. He further explained this deals with the assessment roll for the Security District. 7(B) Resolutions: The Resolution was read, by title, by the Village Clerk which adopts the Assessment Roll for the Security District. Mayor Spiegel then opened the Public Hearing for comments. There being none the Public Hearing was closed. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adopt this Resolution. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Hirschl aye; Councilman Taplin aye, thus becoming RESOLUTION NO. 501 RESOLUTION OF BAL HARBOUR VILLAGEADOPTING AN ASSESSMENT ROLL FOR THE SECURITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. 5. Ordinances Second Reading/Public Hearing: None 6. Ordinance - First Reading: The Ordinance was read, by title, by the Village Clerk authorizing the transfer of funds within the General Fund Budget. Councilman Boggess questioned department 513. Mr. Walker explained that department is Finance and Accounting. A motion was offered by Councilman Hirschl and seconded by Councilman Taplin to enact this Ordinance. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin Regular Council Meeting 9/20/94 2 19g aye, thus becoming ORDINANCE NO. 391 AN EMERGENCY ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA TRANSFERRING FUNDS WITHIN THE GENERAL FUND BUDGET FOR FISCAL YEAR 1993/94. 7(A) Resolutions: The Resolution was read, by title, by the Village Clerk announcing and certifying Special Elections results. A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin to adopt this Resolution. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin, thus becoming RESOLUTION NO. 502 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ANNOUNCING SPECIAL ELECTION RESULTS; CERTIFYING SPECIAL ELECTION RESULTS; PROVIDING FOR AN EFFECTIVE DATE. 8. Reports and Recommendations: Mayor and Council Councilman Boggess stated from May 13 until last week the Village had an Interim Village Manager, who performed in an exemplary manner. Therefore, he should be rewarded. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank that a bonus of $4000 be given to Al Treppeda. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Taplin aye. Councilman Taplin stated at a prior meeting h-e brought up the issue of the height of buildings. He further stated in his opinion, in the future, the zoning should be changed limiting the total height, by footage, as well as the design and color of the buildings. Discussion followed. The Council requested the Village Manager contact the owners of the Majestic in reference to changing the blue glass. Mr. Weiss stated, if the Council desires, this amendment could be included in the same mailing, that will be mailed on the trucks and parking issue. It was the consensus of the Council that a date certain be set, for a workshop, to discuss all zoning issues. The Council directed that the Architectural Review Board, Building Official and Dr. Kelsey be present at the workshop. Village Attorney Mr. Weiss stated for the next agenda he will have zoning Ordinance, Regular Council Meeting 9/20/94 3 194 for first reading, for the residential district. Mr. Weiss explained there has recently been case law that deals with zoning applications. He further stated he hesitates to formalize the procedures too much. He then proceeded to explain he will review the procedures with the Council before a hearing. Village Manager 1. Water Service Replacement at the Sea View Hotel Mr. Wheldon explained the water service from the Village water main to the Village meter, which serves the Sea View Hotel needs to be replaced. This connection and the section of the 8" water main has deteriorated due to age. He further explained he has obtained three bids and has reviewed them with the Village. Engineers. He then proceeded to explain the recommendation is to accept the lowest bidder, Florida Utilities, Inc. for the total cost of $9,850.00. At this time, the Council's authorization to proceed with this project is requested. Discussion followed as: to the time the repairs would be done. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to accept the bid from Florida Utilities, Inc. and authorize the Village Manager to proceed with this project. The motion carried unanimously with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 2 Discussion of Craig A. Smith & Associates preparing a set of Comprehensive Regulations governing expanded land use: Mr. Gross explained Mr. Weiss has recommended certain procedures that need to carried out if the Council wishes to expand permitted land uses. That would include mixed use hotel and condominium development for the existing PC private club district. He further explained Craig A. Smith & Associates has submitted an engineering proposal to develop a set of comprehensive- regulations for this area. The cost for them to do this work will be an hourly rate of $75 per hour, not to exceed $2,500. At this time, the Council needs to decide whether or not they wish to proceed. Discussion followed as to proceeding, at this time, with a set of comprehensive regulations. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to proceed with this expenditure not to exceed $2,500. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 3. Key to the Village Mr. Gross displayed the key that has been designed for the Village. He further explained the cost would be $16.50 each, with a one time Regular Council Meeting 9/20/94 4 195 plate charge of $275. Assistant Mayor Blank questioned how the key will be boxed. Mr. Gross explained the cost of a lucite enclosure with a box is $14.75 each or a felt box for the cost of $5.00. Councilman Hirschl stated previsouly the Council had decided on the felt box and only mount the key in lucite for a special presentation. Councilman Boggess stated in his opinion the new logos the Village is adopting is not in keeping with the Village. A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin to approve the key. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess nay; Councilman Hirschl aye; Councilman Taplin aye. 4. Report on Phase 2 Collins Avenue Project: Mr. Gross reported that_Mr. O'Leary, the Village's engineers and Mr. Wheldon walked the area. The major problem is 'the utilities, they are trying to come up with a suggestion for the Village. He further explained at the next meeting he will have a full report from Mr. O'Leary and the engineers. 9. Other Business: Mr. McGary, Bal Harbour Manor, stated there is problem with the green traffic arrow on Harbour Way. Chief Treppeda will write a letter to the Department of Transportation on this matter. Councilman Hirschl questioned what is happening on the Amphitheater issue. Mr. Olsen explain the Motion to Dismiss will be heard October 17th. He further explained Mr. Richman has received an extension to file the appeals. He continued to explain what is happening with the EPA. Councilman Boggess reported what has been accomplished at the mediation sessions. Mr. Olsen explained the Bal Harbour Club issue will go before the membership in the middle of October. Mrs. Peter Bauer, Tiffany and Brownstone, explained he is a new resident of Bal Harbour Village and questioned the possibility of bike path being built. She further questioned where they could BBQ. She continued to questioned why Bal Harbour Village is not part of the Dade County Library system. Mr. Weiss replied Bal Harbour Village is part of the Surf-Bal-Bay library. Councilman Boggess stated as a resident of Dade County they could join the Dade County Library system. He further explained you would be able to BBQ at Haulover Beach. Charles Brown, 268 Bal bay Drive, stated on the Beach side of Haulover cut there is a building that the graffiti is very bad. Mr. Wheldon explained that building belongs to Florida Power & Light, and he will call them. Mr. Weiss requested clarification on the different zoning issues, Regular Council Meeting 9/20/94 5 196 which are the blue glass, height, residential district as to trucks. The Council direction was that another workshop should be held. The Village Clerk was directed to pull the minutes of the last workshop, and send them to Mr. Weiss. Councilman Hirschl questioned Mr. Olsen what is proposed by the Civic Association in reference to refunding the deposit on the remotes to residents. Mr. Olsen replied this has not been decided at this time. Mr. Weiss explained a number of years ago the Village entered into a contract with the Civic Association to operate the Security District. 10. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Hirschl and seconded by Councilman Taplin to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 10:45 a.m. Este or or Estell e SterSpi Attest: eanette Horton, CMC/AAE Village Clerk Regular Council Meeting 9/20/94 6