Loading...
HomeMy Public PortalAbout1998-02-17 Regular Meeting19'7 COUNCIL MINUTES REGULAR MEETING - FEBRUARY 17, 1998 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February 17, 1998, in the Council Chambers at Bal Harbour Village Hall. The meeting was called to order at 3:05 p.m. by Mayor Spiegel. Those present were: Also present: Mayor Estelle Spiegel Assistant Mayor Andrew R. Hirschl Councilman James E. Boggess Councilman Peg E. Gorson Councilman Daniel S. Tantleff 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. Pledge of Allegiance: The Pledge of Allegiance was led by Assistant Mayor Hirsch!. 3. Approval of Minutes: A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirschl to approve the minutes of the January 20, 1998, Regular Meeting, with a correction on page 7 to change "partial" to "parcel." The motion carried unanimously (5-0), and the minutes were approved as corrected. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve the minutes of the January 26, 1998, Special Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4. Presentations - Officer of the Month: None 5. Public Hearings: None 6. Ordinances Second Reading/Public Hearings: The ordinance was read, by title, by the Village Clerk amending chapter 15 "Signs," of the Village Code. Mayor Spiegel opened the public hearing for comments. Mr. Weiss stated that the effective date is a matter of the Council's decision. The Village Attomeys have looked at the Code and, although some of these things were allowed, they don't believe that these types of sculptures are permitted under the current Code. Therefore, the issue of grandfathering in is optional. There is no requirement to grandfather in pre-existing signs. Regular Council Meeting 2/17/98 1 198 Councilman Boggess questioned if basketball goals in the front yard are considered a sign or a statue. Mr. Weiss responded no, it is not covered by the ordinance. Councilman Boggess stated that he thinks this ordinance is like spot zoning and it is wrong. If anything is to be done, it should be done through the Village's Architectural Review Board. He urged the Council to think about this. Mayor Spiegel stated perhaps they could, as Councilman Boggess suggested, change the ordinance so that any future objects that are placed in a yard would have to go before the Architectural Review Board. Assistant Mayor Hirschl stated they have discussed this with Mr. Weiss and art is subjective. This was brought to his attention because the Civic Association asked him to meet with them and discuss the issue, which he did. It behooves the Council to take a stand and control the flavor of the community with which they've all enjoyed all these years. He thinks that when it comes to controlling the amount that may be occurring, they have to do something about it. Councilman Boggess stated the ordinance, in its present form, is not acceptable to him. It shouldn't restrict people to one piece of sculpture, when the aesthetic thing would be to have two. It needs more consideration and he would like to see the Council postpone it. Mayor Spiegel questioned if he would like to see it re -drafted. Councilman Boggess stated yes. Mr. John Montgomery, 100 Bal Bay Drive, addressed the Council. He thinks what they're trying to accomplish is very reasonable. There being no further comments, Mayor Spiegel closed the public hearing. A motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Boggess to approve the ordinance allowing two "signs" per property. The vote carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirsch) aye; Councilman Gorson aye; Councilman Boggess aye; Councilman Tantleff aye. Thus becoming: ORDINANCE NO. 430 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 15 "SIGNS" OF THE VILLAGE CODE BY AMENDING SECTION 15-1 "COMPLIANCE WITH CHAPTER" TO PROVIDE DEFINITION OF THE TERM "SIGN" AND AMENDING SECTION 15-9 "SIGNS ON IMPROVED SINGLE-FAMILY RESIDENTIAL PROPERTY TO PROVIDE RESTRICTION FOR SIGNAGE CONSISTING OF ANY STATUARY, SCULPTURE MOLDING, CASTING, OR OTHER OBJECT USED FOR DISPLAY PURPOSES AT IMPROVED SINGLE FAMILY RESIDENTIAL PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. 7. Ordinances First Reading/Public Hearings: None 8. Resolutions: The resolution was read, by title, by the Village Clerk, opposing House Bill No. 3291, presently in committee in Florida Legislature, regarding franchise fees for underground right-of-way access to bury telephone lines. Councilman Tantleff stated this is a resolution that was passed by the Dade County League of Cities who are encouraging all municipalities to pass it. The Legislature is trying to cut municipalities out of fees that they've always gotten and that they deserve. He Regular Council Meeting 2/17/98 2 199 asked that the Council go along with the Dade League and pass this resolution. A motion was offered by Councilman Boggess and seconded by Councilman Tantleff to adopt this resolution. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirsch) aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. Thus becoming: RESOLUTION NO. 572 A RESOLUTION OF THE COUNCIL OF THE VILLAGE OF BAL HARBOUR OPPOSING HOUSE BILL NO. 3291, PRESENTLY IN COMMITTEE IN FLORIDA LEGISLATURE, REGARDING FRANCHISE FEES FOR UNDERGROUND RIGHT-OF-WAY ACCESS TO BURY TELEPHONE LINES; CONTINUING OPPOSITION BEING MADE TO ANY PROPOSAL TO PLACE UNFAIR RESTRICTIONS AND/OR LIMITATIONS ON FRANCHISE FEES CHARGED BY MUNICIPALITIES TO FOR -PROFIT TELEPHONE COMPANIES FOR SERVICES AND PERMITTING THEIR BUSINESS TO BE CONDUCTED ON PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY FROM MUNICIPAL GOVERNMENTS. 9. Permission to Install Two Monument Signs - SunTrust Bank: Mr. Weiss stated the Code currently prohibits all commercial signs unless they are approved by the Council, or if they are specifically permitted by the Code, like the ordinance that was just passed. Mr. Nieda reviewed the proposed signs. He stated the word "Bank" is in accordance with the Code, but the word "SunTrust" is a judgement call because it is below the first floor level. The Code says "at first floor or near the first floor." There is no criteria in the Code for a time and temperature sign, so that is also a judgement call. According to the site plan, the design appears to be encroaching into a right-of-way and needs to be placed within the property lines. Mr. Paul J. Yesbeck, Vice President, Acolite Claude United Sign Co., Inc., addressed the Council. He stated The signs will definitely be within in the property lines. They are single faced signs. Mayor Spiegel stated that to get out of that driveway is very difficult and she wants to make sure that the sign is not going to be blocking the exit. Mr. Yesbeck stated that the signs will not go up before the Bank is completed. Councilman Boggess questioned if it is going to be high enough above the sidewalk for people in automobiles to be able to see any pedestrian traffic. Mr. Yesbeck responded yes. Assistant Mayor Hirschl stated he thinks it's a mistake because it is providing advertisement for the Bank and using a computerized sign that lights up is distracting. It attracts attention to the Bank and detracts attention from Bal Harbour Village. He is opposed to the additional signage. A motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Tantleff to deny the submitted signs. The motion carried with the vote as follows: Mayor Spiegel nay; Assistant Mayor Hirschl aye; Councilman Gorson aye; Councilman Boggess aye; Councilman Tantleff aye. Regular Council Meeting 2/17/98 3 200 The Council suggested that when they re -submit they should give a better visual, such as a rendering showing the location of the signs on the property with respect to the bank and showing colors. 10. Permission to Replace Building Signs - Sheraton Bal Harbour: Mr. Nieda stated that the proposed signs are in compliance with the Code as far as he can tell. Mr. Jaime Valdes, Manager, Sheraton Bal Harbour Beach Resort, addressed the Council. Mr. Valdes stated that they are not using the word "Bal Harbour" because they are updating the signs according to their corporate guidelines. It will be a lighted sign. The size will be the same as the existing signs, but it will be in red letters. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to approve the submitted signs. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. 11. Reports and Recommendations: A. MAYOR AND COUNCIL: Councilman Boggess stated on December 4, 1997, a certified letter was sent to all the dwellings in the Village with over three units calling for a lighting survey by a licensed lighting engineer. To comply with this Dade County ordinance, it would turn the lighting at his building's driveway into the equivalent of a commercial parking lot. Aesthetically it is horrible and it is expensive. Councilman Boggess is requesting, since it affects a number of buildings, that the Council ask the Village Attomey to look into it and see if something can be done to soften it, do away with it, or something. Councilman Tantleff asked if he should bring it up at the Dade County League of Cities meeting to see if other cities are doing anything about it. The Council agreed that would be a good idea. Mr. Nieda stated it was brought up by Dade County Commissioner Soto in response to high crime areas. One foot candle lighting is a lot, it is what is required in a commercial parking lot. It has been challenged because it is extreme. He stated he can talk to Mr. Weiss and give him some of the names that are associated with the County. Councilman Boggess stated that if it applied to the large condominiums on the ocean, then the environmental people will be here, because the additional lighting would affect the sea turtles. Mr. Weiss stated that he would look into it and report back to Council. Councilman Boggess stated that at the last meeting they asked David Fine, Stanley Whitman, and Tony Noboa, as a sub -committee, to discuss and come up with some solution for the sidewalk on the east side of the SunTrust Bank. He stated that there is no crosswalk from the north side of 96th Street across Collins Avenue, because all of the traffic turns left there. He questioned if a traffic engineer has been consulted on this because he is concerned about the safety of people. He would like to see it studied and a comprehensive plan done to control pedestrian traffic. Mr. Treppeda stated he would speak with FDOT (Florida Department of Transportation) to see if they have started working on anything. Regular Council Meeting 2/17/98 4 201 Assistant Mayor Hirschl stated there have been a series of break-ins in the Security District. The Village Detective met with the Civic Association and believes it is probably someone from the outside. The wall that separates the low rise buildings on the west side of Collins Avenue from the Security District can be stepped over at certain areas at Park Drive. He would like the Council to be aware of this. The Civic Association wanted him to discuss with the Council about the Village looking at putting some sort of low barbed wire on the back of that wall and camouflaging it with landscaping. B. VILLAGE ATTORNEY: Mr. Weiss stated that Joseph Serota and he would be calling each of the Council members individually to go over the status of the Bal Harbour Club litigation. C. VILLAGE MANAGER: Change Order for Village Hall Renovation Proiect: Jose Fernandez, Architect, Joseph Middlebrooks & Associates, addressed the Council to discuss 6 change orders (17 through 22). Councilman Boggess questioned the change order for additional courtyard design. Mr. Fernandez stated that it is actually construction cost for additional material and work. So, they would not be approving design fees, but dollars for construction. Mr. Treppeda stated that originally the pavers were not going to match the red brick that is on the building, so this upgrades the pavers and changes the color as well. Mr. Fernandez stated that Mr. O'Leary added 200 additional square feet of pavers and the quality of the paver was changed to a different pattern to coordinate with the brick and the landscape material that was selected. Assistant Mayor Hirsch) questioned if the Village is within budget for all of these things. Mr. Treppeda stated yes, they are monitoring it and there was a contingency put into this year's budget. Also, Carivon came in quite a bit lower than the estimate. A motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Gorson to approve change orders 17 through 22. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. Discussion of Recommendation by Architect for Changes to Village Hall Renovation Plans: Mr. Fernandez addressed the Council and discussed the bathroom revisions. Roberto Beltran, Architect, Middlebrooks & Associates, addressed the Council and discussed removal of the west stairway. Assistant Mayor Hirschl questioned Chief Freeman if HIDTA (High Intensity Drug Trafficking Agency) monies could be used for police department construction. Chief Freeman responded no. It might possibly be used for furnishings or equipment. Councilman Boggess questioned about new provisions for the computer video training area. Chief Freeman stated there will be computer stations downstairs and the training disc can be put into any computer. Mr. Treppeda stated that the department will gain a larger squad room, because the stairway would be removed, and a larger office on the second floor. Assistant Mayor Hirschl stated he would like them to check the costs for alternate "B" on the second floor and the first floor alternate. Mr. Fernandez stated they would proceed in that direction. Mr. Treppeda Regular Council Meeting 2/17/98 5 202 suggested discussing the changes at a workshop meeting. Mr. Fernandez stated they would have the costs from the contractors prior to the workshop meeting so the Council can make a decision at the meeting. Councilman Boggess questioned if a decision could be made at a workshop meeting. Mr. Treppeda stated it would be called a special council meeting and then they would go into a workshop meeting. Mr. Beltran discussed the exterior paint for Village Hall. Mr. Femandez suggested looking into the past history of the building for paint colors. Discussion of Noise Ordinance: Mr. Treppeda explained the ongoing battle between the Balmoral Condominium and the Sea View Hotel because the Balmoral is re -doing their balconies. He wanted to discuss it and see if the Village should have a noise expert take a look at it and make sure that the Code is proper. Mr. Weiss questioned if the concem was the noise decibel level. Mr. Treppeda responded yes. Mr. Nieda stated he believes the problem is that the Code specifies that they can't exceed 67 decibel levels and any construction equipment is in the range of 80 to 100 decibels. He thinks that needs to be clarified because the Code specifies "any noise' and, in that sense, all construction equipment will violate the Code. Councilman Tantleff asked Mr. Weiss to see what other cities have in their noise ordinances. Mr. Weiss suggested using the noise consultant who is working on the North Miami amphitheater issue. Mr. Treppeda stated he would look into who the noise consultant is. 12. Other Business: None 13. Adjourn: There being no further business to come before the Council, a motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Tantleff to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 4:35 p.m. Attest: eaNette Village Clerk /elw *eft t, CMC Regular Council Meeting 2/17/98 6