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HomeMy Public PortalAbout1995-10-24 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - OCTOBER 24, 1995 The regular meeting of the Bal Harbour Village Council was held on Tuesday. October 24. 1995. in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:30 a.m. by Mayor Spiegel. 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: Alfred J. Treppeda. Village Manager Jeanette 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 Hirschl and seconded by Assistant Mayor Blank to approve the minutes of the September 12. 1995 Budget Hearing. There being no additions or changes, the motion carried unanimously (5-0), 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 September 19. 1995 Regular Meeting. There being no additions or changes. the motion carried unanimously (5-0). 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 September 19. 1995 Budget Hearing. There being no additions or changes, the motion carried unanimously (5-0), and the minutes were approved as submitted. 3. Presentations - Officer of the Month: None 4. Ordinances First Reading: None 5. Ordinances Second Reading/Public Hearings: A. The ordinance was read, by title, by the Village Clerk, providing for development criteria and standards, as well as amended uses for the PC Private Club District. Mayor Spiegel then proceeded to open the Public Hearing for comments. Tony O'Donald, Attorney. 701 Brickell Avenue, addressed the Council and stated he represents the Bal Harbour Club, which is the owner of the two properties affected by this ordinance. He explained 112 there are a few modifications his client would like to have considered. which are as follows: Not treat both properties under a single PC Private Club ordinance Setback for Tennis Courts reduced to 10 ft. from the property line Allow the height of a building or structure to 45 ft. or 3 stories The Floor Area Ratio on the Oceanside be different. but not to exceed .28 Defer the second reading of this ordinance and conduct a workshop Allow 1000 of the parking on sod Assistant Mayor Blank asked Mr. O'Donald if the property. has the been transferred to a new owner. Mr. Olsen replied the Club does own both properties. A contract has been instituted for the sale of the oceanfront property. but it has not been closed. Mr. Weiss suggested if the Council is interested in considering any or all of the comments as amendments, they should allow the staff and planner to give their views on the impact of these changes. Then open the hearing to the public for discussion, and then the Council should decide weather they want to amend the ordinance or defer to a workshop. He further explained the Public Hearing would be continued, therefore there would not be the expense of advertising again. Mr. Miller, Director of Planning. Craig A. Smith & Associates. explained basically he attempted to create a reasonable set of land development regulations for both pieces of property. Since both pieces of property are zoned PC. the regulations placed on the district would apply to both properties. He further explained in listening to the comments. in his opinion, they are policy issues that the Council can decide. He then proceeded to address the different issues raised by Mr. O'Donald. which are as follows: Parking percent on sod could be set by the Council Height in scale with the neighborhood. it would be a policy issue to increase the height and number of stories Doug Rudolph, 212 Bal Bay Drive.questioned where tennis courts and parking would be allowed. Mr. Miller replied there is only enough Regular Council Meeting 10/24/95 room for one tennis court according to the setback as proposed in this ordinance. Mr. Rudolph stated he has heard that the Yacht Club property would become the primary location for the Beach Club for all of Bal Harbour. He then proceeded to ask if this was really a non issue as was previously stated. He continued to explain what his understanding was as to the use of the Yacht Club property. Councilman Taplin asked what the sale of the Ocean Front property has to do with the Yacht Club property. Mr. O'Donald replied the Beach Club will remain on the Beach. and the Yacht Club will not become the center of the Beach Club. Doug Rudolph. 212 Bal Bay Drive, stated the concern of the residents is that the Yacht Club may become the primary center for the Beach Club. He further stated his serious concerns about whether there should be a PC District at the Yacht Club property. He requested that Mr. O'Donald put in writing that this will not he done. Councilman Boggess stated the Council is trying to correct a 50 year oversight. He continued to explain at present there are no restrictions on PC Private Club property. Therefore. this ordinance will place reasonable restrictions on the PC Private Club District. Councilman Hirschl stated information has filtered around the community that the Oceanfront property was sold. He continued to explain the Council looked at the PC District, inside the single family home area. and found out there are no restrictions at this time. The issue at this time is to put into effect some compatible restrictions that would meet legal scrutiny. The Village's Planner looked at the site and gave the Council suggestions that could be put in ordinance form, which would restrict the development if it would occur at the Yacht Club. Dudley Whitman. 167 Bal Bay Drive. stated the building at the yacht club was designed to go to 3 stories. The property owners of the Beach Club would never do anything to hurt the residents. John Lang Looby. 220 Bal Bay Drive, stated in his opinion the Yacht Club property should be treated separate. He further stated a workshop should be held since a lot of residents were away and did not have the opportunity to have some input. Councilman Hirschl explained that Mr. Miller went to a Civic Association meeting and reviewed the proposed ordinance. The Civic Association endorsed the proposed ordinance. Charles Brown. 228 Bal Bay Drive. President of the Civic Association. stated the proposed ordinance was discussed at the Regular Council Meeting 10/24/95 3 Association meeting. The Association feels if the Club is re- developed it should be an asset to the Village. but they do not want to see a big swinging nightclub. He then proceeded to explain Mr. Burford. owner of 202 Bal Bay Drive. requested that Mr. Brown convey to the Council that he is very worried about any change that would occur at the Yacht Club property. Dina Cellini, 211 Bal Cross Drive. stated it would be inappropriate to go back to a workshop on this ordinance. Therefore. she requested the Council deny this request. She further stated time is of the essence and this ordinance should be enacted at this time. Howard Berlin. 67 Bal Bay Drive, suggested that Section 21-146.2 be amended by adding the following: (3) and will not negatively impact upon the safety and security of the surrounding residential neighborhood Dina Cellini. 211 Ba1 Cross Drive. read from the pending contract for the sale of the oceanfront property, the section that concerns the Yacht Club property. Richard Olsen. 224 Bal Bay Drive. stated it is difficult to be a good neighbor due to all the different rumors. He then proceeded to give a history of the Yacht Club and Beach Club. He then stated there are no development plans for the Yacht Club property, but they hope to have tennis courts and a new building. He continued to explain that in this ordinance there is a greater amount of restriction than on any other ordinance in the code today. He then urged the Council to consider the requests that were made by Mr. O'Donald. Doug Rudolph, 212 Ba1 Bay Drive, questioned why the tennis courts are not being put back on the oceanfront property. Mr. Olsen replied the builder is not giving the land to put tennis courts on the Oceanfront property. Mayor Spiegel then proceeded to close the Public Hearing. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to enact this ordinance. Discussion followed. Councilman Hirschl requested the ordinance be amended to include the amendment suggested by Mr. Berlin. Councilman Boggess stated the ordinance should be enacted in its present form. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin aye, thus becoming ORDINANCE 404 Regular Council Meeting 10/24/95 4 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. B. The ordinance was read. by title, by the Village Clerk prohibiting the parking of trucks and commercial vehicles in the Residential District. Mr. Weiss explained it has been brought to his attention that the gross weight in the ordinance would eliminate the parking of certain types of vans. Therefore. he suggested either deleting the gross weight or increasing the weight. Mayor Spiegel then proceeded to open the Public Hearing. Charles Brown. 228 Ba1 Bay Drive. stated the Civic Association endorses the enactment of this ordinance. Bob Maute. Fairfield Manor. questioned if this ordinance would apply to the residential property on the West side of Collins Avenue. Mr. Weiss explained that area is zoned Residential Multiple Family. therefore this ordinance also would apply in that District. Mr. Treppeda questioned the issue of emergency vehicles, such as Florida Power and Light. and Southern Bell Trucks. Mr. Weiss replied this ordinance would not effect emergency vehicles. Mayor Spiegel then proceeded to close the Public Hearing. A motion was offered by Assistant Mayor Blank and seconded by Councilman Hirschl to amend the ordinance by deleting the gross weight. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye; Councilman Taplin aye. A motion was offered by Councilman Boggess and seconded by Councilman to enact this ordinance as amended. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye, thus becoming Regular Council Meeting 10/24/95 16 ORDINANCE 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. 6. Public Hearings: The Village Clerk explained this hearing is required by State Statute for the adoption of the Evaluation and Appraisal Report (EAR) of the Comprehensive Plan. Mr. Miller explained that in July the Village transmitted the report to the Department of Community Affairs for review. At this time. according to State Statue the Report must be adopted by the Council and again transmitted to the State. He further explained the Village will have one year to amend their Comprehensive Plan according to the Report. Mayor Spiegel then proceeded to open the Public Hearing for comments. There being none, Mayor Spiegel closed the Public Hearing. Resolutions: A. The resolution was read. by title. by the Village Clerk. adopting the Evaluation and Appraisal Report and authorizing transmittal. A motion was offered by Councilman Taplin and seconded by Councilman Hirschl 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 aye. thus becoming RESOLUTION NO.520 A RESOLUTION OF BAL HARBOUR VILLAGE ADOPTING THE EVALUATION AND APPRAISAL REPORT OF THE BAL HARBOUR VILLAGE MASTER PLAN; AUTHORIZING TRANSMITTAL; PROVIDING FOR AN EFFECTIVE DATE. B. The resolution was read, by title. by the Village Clerk. declaring November as National Epilepsy awareness month. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl 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 aye, thus becoming Regular Council Meeting 10/24/95 6 RESOLUTION NO. 521 RESOLUTION DECLARING NOVEMBER AS NATIONAL EPILEPSY AWARENESS MONTH. 8. Edward Smith - The North Miami Beach Optimist Club Special Olympics Mini- Meet: Mr. Smith addressed the Council and explained they are preparing for their 13th Annual Special Olympics Mini -Meet to be held in February 1996. He further explained their goal for the next event is to achieve 100% City sponsorship participation, since the participants come from all over Dade County. He displayed a T- Shirt showing Bal Harbour Village as a sponsor of the 1995 Event. At this time, he asked the Council if they would be a sponsor again for next year's event. A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin to approve a donation of $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. 9. Reports and Recommendations: Mayor and Council: 1. Discussion of Changing Meeting Dates - Mayor Spiegel: Mayor Spiegel stated she had spoken to Mr. Treppeda about the reason for changing the meeting this month. She further stated in the future a practice should not be made of changing the regular meeting date. She then proceeded to asked Mr. Weiss if there was anything in the Code that requires the meeting date to remain the third Tuesday of the month. Mr. Weiss replied the Code provides a specific time for Election, no meeting in August, but nothing that requires the meetings to be held the third Tuesday of the month. Councilman Hirschl explained the reason the meeting was postponed one week due to a religious holiday. Mayor Spiegel stated in the future if this occurs the meeting should be scheduled for one day before or after. 2. Village Manager Employment Agreement: Councilman Hirschl asked Councilman Boggess if he was involved in the process of formulating this contract. Councilman Boggess replied yes. A motion was offered by Councilman Hirsch] and seconded by Assistant Mayor Blank to approve this agreement. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Regular Council Meeting 10/24/95 7 118 Mayor Blank aye; Councilman Boggess aye: Councilman Hirsch] aye: Councilman Taplin aye. Discussion followed. Councilman Boggess pointed out under Section 13 Professional Development that. in the past, both the Village Manager and Village Clerk provided funds in the budget to attend both the International and State professional meeting. Since this has been withdrawn for the Village Manager he suggested that it should also be withdrawn for the Village Clerk. He further stated one meeting a year is more than adequate and should be cleared with the Council before any conventions are scheduled. Mr. Weiss stated he is looking into amending the pension ordinance so the Manager will be able to keep his police officers benefits. Councilman Boggess stated in the contract there is a provision for performance evaluation. He suggested there be a workshop or a committee to set up certain criteria for the coming year. Therefore, Mr. Treppeda would have a framework in which to work. and at the end evaluate what has been accomplished. Mayor Spiegel stated the entire Council could do this at a workshop. and have other items on the agenda. It was the consensus of the Council that the Village Manager and Village Clerk submit to the Council by December 1st their goals and objectives. Village Attorney: None Village Manager: 1. Purchase of Police Vehicles: Mr. Treppeda explained as part of the normal replacement cycle for the Village's police vehicles, two new Ford Crown Victoria police vehicles are included in the budget. These vehicles will be purchased at the State bid price. He further explained all orders under the State bid must be received by November 8th. At this time, 80% of the vehicles produced by Ford have been obligated. He then proceeded to request Council's approval for the purchase of two Ford Crown Victoria police cars as provided for in the budget. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve this purchase. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 2. Interlocal Agreement with Dade County for Use of the County Solid Waste Management System: Mr. Treppeda explained currently Federal legislation is pending which, if passed, would enable Counties to require that municipalities dump their waste in their own Counties. He further Regular Council Meeting 10/24/95 1 i explained many municipalities. in order to save money. have been dumping their garbage and trash in other Counties. He then proceeded to explain the County Commission has approved an Interlocal Agreement which regulates the disposal and transfer fees for the next twenty years. The agreement locks in the disposal fee at $45.00 per ton and the transfer fee at $9.00 per ton for the first three years of the agreement. Any increase would be tied into the consumer price index and be capped at 5% per year for the term of the agreement. He continued to explain currently the Village is paying a disposal fee of $54.00 per ton and a transfer fee of $9.00 per ton. If the Council approves this agreement the Village save in excess of $70,000.00 in the fiscal year 1995-96 with the decrease in disposal and transfer fees. At this time. he requested Council's approval of the Interlocal Agreement for use of the County Solid Waste Management System. A motion was offered by Councilman Taplin and seconded by Councilman Hirschl to approve this Interlocal Agreement. 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. Recap of Recent Events involving the Phase II Landscaping Project: Mr. Treppeda explained the 'estimated cost of the project as provided by Mr. O'Leary was $1.5 million He further explained the project was put out to bid, and Vila & Son was the lowest bidder with the following prices: To this Base Bid Alternate Bid #1 Alternate Bid #2 bid price the following $1.959,531.50 $ 28,202.00 $ 63.374.50 was added: Hydrel Light Fixtures Change Order #1 Change Order #2 Consultant Fees to October 10, 1995 Rangeline Tapping Estimate Consultant Fees to finish project $ 135.432.00 $ 74.832.05 $ 87.376.76 $ 155.757.44 $ 2.692.20 $ 110.000.00 Mr. Treppeda then proceeded to request the Council consider the recommendation of the Village's Landscape Architect to add a total of 22 trees to the 149 trees provided in the original plans. He further requested the Council come to a consensus as to how they wish for the project to proceed. The best estimate for providing Regular Council Meeting 10/24/95 9 the additional trees and carrying out all necessary associated takes is $1.708.198.45. Assistant Mayor Blank stated after speaking to several City Managers the consensus was that the consultant fees should be on a percentage bases rather than an hourly rate. The average cost should be between 6 and 8 percent depending on the amount of the contract. The consultant fees for this project are $200,000.00 which is 15 1/2 percent of the total cost of the project. Mr. O'Leary explained he started to work on this project in June 1994, and when it is finished he will have been working on this project 20 months. He further explained the fees are not just for his office, but include the Village's Civil Engineer and an Electrical Engineer. Mr. Treppeda explained after Assistant Mayor Blank and Councilman Taplin toured the project. Their recommendations are as follows: Delete one tree from the South end of the Sheraton Bal Harbour which was part of change order 41 Delete four trees from the Sheraton Bal Harbour bus stop area which was part of change order #2 Delete the four trees which were recommended for the North end of the Village which were part of change order #2 Mayor Spiegel stated she does not agree with eliminating 4 trees for the north end of the Village as suggested by Assistant Mayor Blank and Councilman Taplin. She further stated she has received numerous compliments on the trees. John Lang Looby. 220 Bal Bay Drive. stated in his opinion the consulting fees are in line. Charles Brown. 228 Bal Bay Drive. stated he feels Mr. O'Leary has done an excellent job. Nichols Dalmady, The Plaza, questioned if there is a warranty on the trees. Mr. O'Leary replied there is an 18 month warranty after the project has been accepted. Stanley Whitman, Bal Harbour Shops. stated for the past seven years this Palm has been under Fairchild Gardens observation, and there has never been a failure. Mr. Treppeda explain he was informed that the street light electrical conduit is not buried deep enough to meet code Regular Council Meeting 10/24/95 10 requirements. He further explained currently he is obtaining a price from the contractor to bury the conduit to the proper depth. This is a serious hazard that must be corrected. Councilman Boggess asked if the wiring would have to be replaced as well as the conduit. Mr. O'Leary replied the wiring is part of the contract. A motion was offered by Councilman Boggess to approve change order #2. Councilman Boggess withdrew his motion. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve change order #2, which would bring the project total to $1,750.000.00, and this is to include the electrical work and sidewalk banding. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank nay: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin nay. 4. Replacement of Coconut Palm Trees: Mr. Treppeda explained that the lab has determined that the three coconut palms in the median died from fusarium and bacteria. He further explained this is indicative of wet soil conditions. largely from heavy rains. At this time, he is requesting approval to replace the three coconut trees that died. The cost is approximately $2.000.00 per tree. A motion was offered by Assistant Mayor Blank and seconded by Councilman Boggess to approve the purchase of the three coconut trees. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin aye. Mrs. Tumpson asked when the Collins .Avenue Project will be completed. Mr. O'Leary replied the he is projecting January loth as the completion date. Mr. Treppeda explained he received a quote from Spray Pro for treatment of the coconut trees in the median. The cost would include five treatments of the root injection per tree five times per year with a total cost of $3.750.00. At this time. he requested the Council's approval for this expenditure. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin aye. 10. Other Business: Regular Council Meeting 10/24/95 11 Councilman Boggess stated a committee should be appointed to start working on the 50th Anniversary celebration. Mayor Spiegel suggested this be discussed at the next Resort Tax Meeting. Mrs. Tumpson. The Plaza. suggested that the Village purchase more chairs for the Council Chamber. Charles Brown. 228 Bal Bay Drive, requested an update on the well drilling. Mr. Treppeda replied they have run into some problems. which is why it is taking so long. Mr. Brown then proceeded to inform the Council that there will be a meeting October 27th, 2:00 p.m. at the Gwen Margolis Center to discuss the Munisport Amphitheater issue. 11. 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 (5-0), and the meeting adjourned at 11:55 a.m. Mayo l• Bstel le S(¢ieg Attest: Jeanette Horton. CMC/AAE Village Clerk Regular Council Meeting 10/24/95 12