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HomeMy Public PortalAbout1995-09-19 Regular Meeting177 COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 19, 1995 The regular meeting of the Bal Harbour Village Council was held on Tuesday, September 19, 1995. in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 4:08 p.m. by Assistant Mayor Blank. The roll was called and those present were: Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Also present: Alfred J. Treppeda. Interim Village Manager /Police Chief Jeanette Horton, Village Clerk Stephen Helfman, Village Attorney John Walker, Finance Director Robert Wheldon. Public Works Director Absent: Mayor Estelle Spiegel Councilman Sol M. Taplin As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve the minutes of the July 10, 1995, Workshop Meeting. There being no additions or changes, the motion carried unanimously (3 -0). with Mayor Spiegel and Councilman Taplin absent, and the minutes were approved as submitted. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve the minutes of the July 18, 1995. Regular Meeting. There being no additions or changes, the motion carried unanimously (3 -0) , with Mayor Spiegel and Councilman Taplin absent. and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve the minutes of the August 2, 1995, Special Meeting. There being no additions or changes, the motion carried unanimously (3 -0), and the minutes were approved as submitted. 3. Presentations.- Officer of the Month: None 4. Public Hearings: The Village Clerk advised that the Council sits as an equalizing Regular Council Meeting 9/19/95 1 e1K Board to hear and consider all complaints as to the Security Assessments. Assistant Mayor Blank explained the assessment is the same as last year. He then proceeded to open the Public Hearing for comments. There being none. Assistant Mayor Blank closed the Public Hearing. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adopt the Resolution adopting the Security Assessment Roll. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. thus becoming RESOLUTION NO. 517 RESOLUTION OF BAL HARBOUR VILLAGE ADOPTING AN ASSESSMENT ROLL FOR THE SECURITY DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. The Village Clerk advised the Council that there is a proposed increase in the Sanitary Sewer rate. According to Bal Harbour Village Code a public hearing is held when there is a proposed rate increase. Assistant Mayor Blank then proceeded to open the Public Hearing for comments. There being none. Assistant Mayor Blank closed the Public Hearing. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adopt the Resolution increasing the rates. The motion carried with the vote as follows: Assistant Mayor Blank aye: Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. thus becoming RESOLUTION NO. 518 RESOLUTION OF BAL HARBOUR VILLAGE. FLORIDA ESTABLISHING SANITARY SEWER RATES: PROVIDING FOR AN EFFECTIVE DATE. 5. Resolutions: Mr. Treppeda explained the Mayor received a letter from Commissioner Pearlson of Miami Beach in which he requested the Village Council adopt a Resolution in support of the Dade County Beach Renourishment Project. The Resolution was read. by title. by the Village Clerk supporting the Dade County Beach Renourishment Project. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to adopt this Resolution. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming Regular Council Meeting 9/19/95 2 r h RESOLUTION NO. 520 A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR. FLORIDA IN SUPPORT OF THE DADE COUNTY BEACH RENOURISHMENT PROJECT BETWEEN GOVERNMENT CUT AND BAKER'S HAULOVER INLET. 6. Brian Flynn - DERM: Mr. Treppeda explained he asked Mr. Flynn of the Dade County Department of Environmental Resources Management to update the Council relative to beach renourishment issues. Such as: the status of the proposed renourishment of Bal Harbour's beaches. other options available to the Village in the event that beach renourishment does not occur, discussion of the success or failure of the artificial reef system. Mr. Flynn addressed the Council and stated he was asked by Mr. Treppeda to give a brief update as far as what's happening with beach renourishment and the County. He further explained he also wanted to make the Council aware of several items at the Federal level that are happening. Mr. Flynn explained the Clinton Administration has proposed, as part of its cost cutting measures, limiting the role of the Army Corps of Engineers in the future in terms of all sorts of projects that they historically have been involved in, including beach renourishment. He continued to explain as it's proposed right now. we probably wouldn't be impacted, but new projects would basically be eliminated from federal participation in terms of financing. Mr. Flynn explained they are working closely with E. Clay Shaw's office and some of the other members of the Florida Delegation to ensure this measure doe not pass. He then proceeded to request the assistance of the Bal Harbour Council to contact the Florida Delegation and make them aware that beach renourishment is a very important issue for South Florida. Mr. Flynn stated as to sand sources there are two in Dade County. One is the sand off shore of Golden Beach and the other is located south of Government Cut. He further explained a federal injunction was brought by Golden Beach. At this time, the Department of Justice is reviewing the documents that the Army Corps of Engineers prepared in order to go back to the Judge to get the injunction lifted. So, basically, the first part of the project is planned to continue within the next six months. Mr. Flynn continued to explain the second phase of the project would include Bal Harbour, Surfside, and another segment of Miami Beach. He proceeded to explain they are developing the source of sand that they will use, which is located just offshore south of the Port of Miami. The schedule for the second project is scheduled for construction sometime within 1996. The reason for Regular Council Meeting 9/19/95 3 Q� not being sure of the exact date is because there is a couple of issues that involved the sand source that they are planning to use. as well as the probability that they will be using some Bahamian sand on a test basis. Mr. Flynn explained that they are working on some of the environmental issues associated with using Bahamian sand. One of which is the sea turtles. A study is now being done on Miami Beach to look into the effects of the sand on the sea turtle hatchlings. Also. they are working with the State Department because there is some diplomatic issues to be resolved with the Bahamian Government. If they can resolve some of the technical issues and diplomatic issues. the project should go ahead without any further problems. Mr. Flynn explained there are other sources of sand available, such as Central Florida, where there is an abundance of sand which could be trucked down. The reason they haven't looked at that as a preferred option is logistics and cost. He further explained even if this source of sand was to be used the project still would not start until next year. He then proceeded to explain in terms of something that could be done right now on a small scale. He further explained he has had conversations with some trucking operations in Central Florida. He continued to explain one truck operator stated the cost for bringing a load of sand to South Florida would be between five and seven dollars a cubic yard. This would not include the grading of the sand therefore, the cost would be approximately ten dollars a cubic yard. Councilman Boggess asked Mr. Flynn if he knew how many cubic yards there was behind the Sheraton Bal Harbour and the Majestic. Mr. Flynn replied that would be very hard to say, but he thinks probably about 30,000 cubic yards. Assistant Mayor Blank asked Mr. Flynn if it would be cheaper to bring the sand by train. Mr. Flynn replied if this was done you would be handling the sand twice. Therefore, that would not be cost effected. Assistant Mayor Blank then proceeded to ask Mr. Flynn if the Village was willing to coop with the Army Corps of Engineers could the Village be first to receive renourishment. Mr. Flynn stated that his recommendation would be to wait and see as far as where they are going with their current planned project. He further stated it would be better to stay with the project that is planned right now and hopefully have the project implemented by the end of 1996. Therefore. funding is not the issue at this time. After what happened with phase one, the Corps is very sensitive that everything is done right. Councilman Hirschl asked Mr. Flynn if there was anything the Council could do politically to solidify the 1996 date. Mr. Flynn Regular Council Meeting 9/19/95 4 r� replied right now they are on firm footing, and they have been working with the State and Federal Delegation to make sure the projects move ahead. He further stated if they run into a problem it would help if the Council would contact both the State and Federal Delegation. Councilman Hirschl asked Mr. Flynn if it was certain that Bal Harbour will be included in project two. since Mr. Babbit visited Surfside. Mr. Flynn replied he knows that Congressman Shaw is very interested that Bal Harbour receives its renourishment. Therefore. he does not think that there is a strong possibility that Bal Harbour will be left out of the renourishment project. Mr. Flynn stated in reference to the breakwater reef in Palm Beach, they found that after two years the area directly behind where the breakwater was had lost approximately 90,000 cubic yards of sand. Therefore, they are now pulling out the breakwater. 7. Single Family Residential Zoning Criteria Proposed Amendments - Michael Miller Craig Smith & Associates: Mr. Miller addressed the Council and explained in May of this year Craig Smith & Associates was requested to prepare an analysis and recommend amendments to the existing Land Development Regulations in the R -1 and R -2 zoning Districts. He further explained on May 16th, a presentation was made to the Council with their initial recommendations. The Village Council requested that this matter be referred to the Architectural Review Board and the Bal Harbour Civic Association for comments. Presentations were made to the Architectural Review Board on two occasions. The initial meeting was introductory in nature. The second meeting was very specific as each recommendation was reviewed in detail. The Civic Association passed a motion to endorse the suggested amendments. Also, Mr. Brown submitted a letter individually expressing his personal opinion on this matter. Mr. Miller then proceeded to review Craig Smith & Associates (CAS) current recommendations and that of the Architectural Review Board (ARB) to the Council. which are as follows: R -1 Zoning District 1. Increase the rear setback for the main residence from 10' to 30'. Maintain the present setback for the garage /servant quarters and privacy wall. CAS current recommendation: Amend as suggested. ARB recommendation: Amend as suggested. 2. Decrease the front (seawall) setback from 40' to 25'. CAS current recommendation: Do not decrease /maintain 40' setback. ARB recommendation: Do not decrease /maintain 40' setback. Regular Council Meeting 9/19/95 5 ty ra 3. Decrease the height for side setbacks from 22' to 11 from which additional setback distances are required. CAS current recommendation: Amend as suggested. ARB recommendation: A percentage of a side building elevation should be permitted to stay at the 10' side setback. 4. Maintain the side setback ratio at 1' of additional setback for each 1' in height. CAS current recommendation: Maintain the current standard. ARB recommendation: Maintain the current standard. 5. Add a definition to establish a "story" height, 11' was the recommendation. CAS current recommendation: This is not necessary as both R -1 and R -2 districts presently contain a 2 story /30' height limitation. ARB recommendation: Code amendment not necessary. 6. Establish a maximum height limit in feet for garages and servant quarters in the R -1 zoning district. Fifteen feet was recommended. CAS current recommendation: Amend as suggested. ARB recommendation: Amend as suggested. 7. Decrease the allowable lot coverage ratio from 40% to 300. CAS current recommendation: Amend as recommended by the ARB. ARB recommendation: The lot coverage should stay at 40% but include all impervious building areas. 8. Establish Floor Area Ratios. CAS current recommendation: Do not adopt. ARB recommendation: Do not adopt. R -2 Zoning District 1. Increase the rear setback requirement from 10' to 15' CAS current recommendation: Amend as suggested. ARB recommendation: The setbacks should be increased, but this should be based on a building width. 2. Decrease the height for side setbacks from 22' to 11' from which additional setback distances are required. CAS current recommendation: Amend as suggested. ARB recommendation: A percentage of a side building elevation should be permitted to stay at the 10' side setback. Regular Council Meeting 9/19/95 6 +.JaS 3. Maintain the side ratio at 1' of additional setback for each l' in height. CAS current recommendation: Maintain the current standard. ARB recommendation: Maintain the current standard. 4. Maintain the present 40% lot coverage. CAS current recommendation: Amend as suggested by the ARB. ARB recommendation: Define to include all structures. 5. Floor Area Ratios. CAS current recommendation: Do not adopt. ARB recommendation: Do not adopt. Measurements of Building Height All building height measurements should be from the crown of the adjacent roadways. CAS current recommendation: Amend as suggested. ARB recommendation: Amend as suggested. At this time, Mr. Miller stated they are now in a position to initiate code amendments to implement the recommendations. A motion was offered by Councilman Hirschl and seconded that the Village Attorney work with Mr. Miller and draft an Ordinance to bring back to the Council. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. 9. Time of Second Zoning Public Hearings: Mr. Helfman stated since there was not a majority plus one of the Council present. the Council could not act on this item. 10. Reports and Recommendations: Mayor and Council: Assistant Mayor Blank stated he received a report that the Bal Harbour Shops was one of five shopping destinations spotlighted by Elle magazine. Discussion of Village Manager Position: Councilman Boggess stated they have been searching for a Village Manager since the untimely death of the former Manager. He further stated the Council has received applications, and this time applications were restricted to Florida due to the learning process that is required for anyone coming into the State. He then proceeded to explain approximately 12 applications were received. Most of the applicants are qualified people, but there was not a Regular Council Meeting 9/19/95 S4 star among the applicants. Councilman Boggess then proceeded to explain the Council has found that a rocket scientist is not needed to run the Village. The Village has been very fortunate, that after the resignation of Carol Morris, to get Alfred Treppeda to serve as the Interim Village Manager for four months. Then, when upon the death of the Village's other Manager, he has been serving for the last six months. He further stated, in his opinion, Mr. Treppeda has done an admirable job. He then proceeded to explain that Mr. Treppeda has been with the Village for fourteen years starting out as a dispatcher and worked his way up to Chief of Police. Several citizens have made recommendations that Mr. Treppeda's position as Interim Manager be made permanent. Plus, Mr. Treppeda has put the last two budgets together, and done a beautiful job, with the cooperation of the entire staff. The important part is the Village has an excellent staff. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl that Mr. Treppeda be appointed as permanent Village Manager with a contract to be worked out by the Village Attorney. Discussion followed. Councilman Hirschl stated he was happy that Mr. Treppeda was appointed as Interim Village Manager after Mrs. Morris resigned. lie further stated Mr. Treppeda is extremely capable, and has kept the Village out of litigation. Assistant Mayor Blank stated he feels that Mr. Treppeda has done an excellent job as Interim Manager. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl ave; Mayor Spiegel and Councilman Taplin absent. Mr. Helfman suggested that the Council appoint one of the Council to act as liaison with the Manager for negotiations. Councilman Boggess stated he will serve in the position as liaison. Mr. Treppeda thanked the Council for their vote of confidence. Village Attorney: Ex -parte Communications: Mr. Helfman explained in the past it has been discussed about the ability of the Council members to meet with either applicants or opponents in zoning matters. He then referred to the Jenning case which creates a barrier to discussions on zoning cases. He continued to explain the State Legislature recently enacted a bill which became law. This bill specifically permits ex -parte communications between elected officials and those interested in quasi - judicial proceedings. Also. the bill allows a municipality to adopt, by ordinance or resolution, a process to disclose ex- parte communications, which would remove the presumption of prejudice. It was the consensus of the Council that the Village Attorney Regular Council Meeting 9/19/95 8 OR should draft such an ordinance. Village Manager: 1. Emergency Air Conditioning Replacement: Mr. Treppeda explained the window air conditioning unit in Mr. Wheldon's office stopped working on September 1, 1995. He further explained funds are provided in the current budget for the installation of central air conditioning in the Public Works office, locker room, and kitchen. He authorized the Purchasing Agent to get three prices to compare with the price quoted by the Village's air conditioning contractor. He then proceeded to explain the Village's air conditioning contractor's price was competitive with the other companies. Therefore. he authorized the expenditure as an emergency measure prior to approval by the Council since the expenditure was over $2,500.00. At this time, he requested the Council approve the expenditure of $4,062.00 for the installation of central air conditioning in the areas previously mentioned of the Public Works facility. Councilman Boggess asked Mr. Treppeda the name of the air conditioning company. Mr. Treppeda replied De Luca Air Conditioning. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve this expenditure. The motion carried with the vote as follows: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Mayor Spiegel and Councilman Taplin absent. 2. Light Fixtures for Phase II Landscaping Project: Mr. Treppeda explained Mr. O'Leary has recommended that the Council reconsider their prior approval to purchase Kim lighting fixtures. He further explained Mr. O'Leary, along with Mr. Wheldon. have conducted further research and determined that the Hydrel fixture offers numerous advantages over the Kim fixture. He then proceeded to list the advantages of the Hydrel fixture, which are as follows: Kim offered a two year warranty on the ballast and five years on the body with numerous conditions. Hydrel offered a five year unconditional warranty. The Hydrel fixture with the correct bulb and lens will provide the same lighting effect that the Kim fixture provided. The Hydrel fixture's design is based on an underwater design criteria. The Kim fixture is not designed to work under water and is Regular Council Meeting 9/19/95 9 designed to be above the water table. The Hydrel company will permit Bal Harbour to purchase factory direct while Kim will not. The Hydrel fixture is much easier to maintain than the Kim fixture. The price for the Kim fixture is $499.00 each while the Hydrel fixture is $449.48 each. A credit will be negotiated with Vila and Sons since the Hydrel fixture is easier to install than the Kim fixture. At this time, Mr. Treppeda requested the Council rescind the prior approval of the Kim fixtures and approve the purchase of 300 Hydrel fixtures at $449.48 each, as well as three lamp modules with factory installed lamps at $196.00 each. The total amount to purchase the Hydrel fixtures is $135,432.00. The prior amount approved to purchase the Kim fixtures was $161,696.00. Councilman Boggess asked if a contract has been entered into with the other suppliers. Mr. Treppeda replied no. Discussion followed. Mr. Wheldon explained that the Hydrel fixture is the fixture recommended by Mr. Whitman. At the time of the lighting demonstrations. the wrong lens and bulbs were used. Assistant Mayor Blank explained the project to the audience that was present. Councilman Hirschl explained that the funds for the light fixtures, as well as the rest of the project. comes from Resort Tax. A motion was offered by Councilman Boggess to rescind prior approval of the Kim fixture and approve the purchase of the Hydrel fixtures. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye: Mayor Spiegel and Councilman Taplin absent. 3. Americans with Disabilities Act Renovations to Village Hall: Mr. Treppeda explained in past discussions with the Council about the proposal submitted by Middlebrooks and Associates for the renovations to Village Hall as required by the Americans with Disabilities Act, the Council has not come to any consensus as to how to proceed. He further stated he feels a workshop is necessary so that Middlebrooks and Associates, the Village's Building Official, and Ed Guedes from Mr. Weiss' office, can discuss with the Council their concerns. Discussion followed. Assistant Mayor Blank stated he would like to defer this matter until the next Council meeting. Councilman Regular Council Meeting 9/19/95 10 ; Hirschl suggested this matter be taken up when Mr. Treppeda discusses the possible change of the Council meeting. It was the consensus of the Council to discuss this matter later in the meeting. 4. Severance Agreement: Mr. Treppeda explained the position of Police Administrator has been eliminated, effective September 30, 1995. At this time, he requested Council approval of the severance agreement that has been negotiated with Hernan Cardeno. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve the severance agreement. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. Change of Meeting Dates: Mr. Treppeda explained the next regular scheduled Council Meeting is the third Tuesday of October, which is a Jewish holiday. At this time, he requested the Council's direction if they would consider moving the meeting forward or backward one week. Discussion followed. Assistant Mayor Blank stated he would be in favor of changing the meeting date. Councilman Hirschl suggested scheduling the meeting for October 24th. Councilman Boggess stated he would have no problem with that date. It was the consensus of the Council to change the regular meeting date from the third Tuesday to October 24th. The time would be the same. 9:30 a.m.. and following the regular meeting hold a workshop on the renovations to Village Hall. 8. ordinances First Reading /Public Hearings: A. The ordinance was read, by title, by the Village Clerk. providing for amendment uses and establishment of development criteria and standards for the PC Private Club District. Councilman Hirschl asked Mr. Helfman although he knows this discussion focuses around the PC land inside District 5, but the ordinance is for the PC District at large. Therefore, for discussion purposes, could the two parcels be divided. Mr. Helfman replied no, this ordinance establishes for all properties zoned PC a set of development criteria for any proposed development. Therefore, this ordinance would apply to the parcels on the Ocean Front and Bayside. He then proceeded to explain his office created a basic format for that ordinance and then distributed the ordinance to the Village's Building Official and Planner Mike Miller. He continued to explain they reviewed the ordinance and established the specific criteria. Mr. Helfman explained although Regular Council Meeting 9/19/95 11 Me primary interest may be the parcel in District 5. but in order to establish proper criteria for both parcels you must apply them equally across properties with similar zoning. Mr. Miller, Director of Planning of Craig Smith and Associates. addressed the Council and explained they had requested him to look into the Village's Land Development Regulations. He then proceeded to review the ordinance, which is as follows: Section 21 -146 Permitted Uses Section 21 -146.1 Development Standards Section 21 -146.2 Site Plan Approval Section 21 -384 Number of Parking Spaces Assistant Mayor Blank then proceeded to open the Public Hearing for comments. Cheryl Cohen, 10205 Collins Avenue, questioned the 100 feet setback. She is concerned that a 100 feet setback would not be adequate if a building was built on the ocean front property. Councilman Hirschl stated to clarify this issue for everyone, the only thing that is being done now is putting in regulations if they wish to maintain a private club. Ms. Cohen stated that the ocean front property has been sold. Assistant Mayor Blank stated that the Council has never been told the property has been sold nor have they received any request in reference to that property. Ms. Cohen then questioned why the advertisement on this hearing appeared in the Miami Review and not the Neighbors. The Clerk explained one reason was the cost. Mr. Helfman explained to comply with State law the Miami Review was used. The Council then proceeded to direct the Clerk to also place the advertisement in the Neighbors in the future. Tim Cresci. 258 Park Drive. questioned on the re- zoning of Bayfront property will the perimeter of the yacht basin be changed. Mr. Miller replied the criteria applies to the area that wraps around the yacht basin as well as the ocean front property. Dina Cellini, 211 Bal Cross Drive, stated she supports this ordinance since it protects the interest of the residents. Mrs. Savitts questioned if this hearing is concerning the sale of the Club. Assistant Mayor Blank replied no one has notified the Council of a sale. Dick Stoker. 10205 Collins Avenue, explained what is transpiring in reference to the Club. He further explained the Committee to Save the Club will be in court to litigate the certificates that were bought. Since there has not been a vote brought before the membership, the Club has not been sold. Harold Berlin. 67 Bal Bay Drive, stated in his opinion the people Regular Council Meeting 9/19/95 12 C) should know the motivation behind the criteria and standards. Edward Needle, 73 Bal Bay Drive, stated assuming that Mr. Stoker loses in court. the property owners must request the Council rezone the property for condominium. He further stated, when the Majestic owners appeared before Council for variances it was granted. Councilman Hirschl replied that was not the case, the code calls for 55 units per acre, even though they requested more units, the Council denied that request. Mary Schaffer, the Plaza, stated that she heard rumors that the sale is in the bag for a hotel and condominium to be built on the Club property. She further stated she hopes Mr. Stoker is successful, but if not, the Council should be aware the community will be up in arms if a hotel is built on that property. Richard Olsen, 224 Bal Bay Drive, suggested the setbacks in Section 21 -146.1 (b) (1) be reduced to 10 feet. in Section 21 -146 ( 2 ) suggested the height of building be 45 feet and 3 stories. He further suggested that this ordinance go back to a workshop. Burt McKeenan, 101 Harbour Way, stated he changed his position on the sale of the Club. at this time, he is not in favor of the sale. He further cautioned the Council on rezoning the property for two condominiums. There being no further comments, Assistant Mayor Blank closed the Public Hearing. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to enact this ordinance. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. thus becoming ORDINANCE NO. 404 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA RELATING TO DEVELOPMENT CRITERIA AND STANDARDS FOR THE PC PRIVATE CLUB DISTRICT; AMENDING SECTION 21 -146 OF THE CODE OF BAL HARBOUR VILLAGE REGARDING USES IN THE PC PRIVATE CLUB DISTRICT; ADDING SECTIONS 21 -146.1 AND 21- 146.2 TO THE CODE OF BAL HARBOUR VILLAGE REGARDING DETAILED DEVELOPMENT CRITERIA AND STANDARDS FOR THE PC PRIVATE CLUB DISTRICT; AMENDING SECTION 21 -384 OF THE CODE OF BAL HARBOUR VILLAGE REGARDING PARKING FOR PRIVATE RECREATIONAL FACILITIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Regular Council Meeting 9/19/95 13 C B. The ordinance was read, by title, by the Village Clerk prohibiting the parking of trucks and commercial vehicles in the Residential District. Assistant Mayor Blank then proceeded to open the Public Hearing. Charles Brown, President of the Civic Association, read from the by laws of the Association. He further stated the Association is in favor of this ordinance. There being no further comments. Assistant Mayor Blank closed the Public Hearing. Mr. Treppeda questioned the Attorney if this ordinance would apply to emergency vehicles. Mr. Helfman replied he will look into amending the ordinance. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to enact this ordinance. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming ORDINANCE NO. 405 AN ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA PROHIBITING THE PARKING OF TRUCKS AND COMMERCIAL VEHICLES IN THE RESIDENTIAL DISTRICT DURING SPECIFIED HOURS: PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 11. Other Business: None 12. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Councilman Hirschl to adjourn. The motion carried unanimously (3- 0). with Mayor Spiegel and Councilman Taplin absent, and the meeting adjourned at 6:15 p.m. Attest: Jeanette Horton, CMC /AAE Village Clerk Regular Council Meeting 9/19/95 Assistant Mayor Matthew Blank 14