HomeMy Public PortalAbout1977-05-31 MeetingMay t, 1977
The Council of Hal Harbour Village met Tuesday, May Al, 1977
at 2:30 in the 'Village Hall.
Present: Messrs. Beatty, Davis, 'rrez, Printup and "aplin.
Also pre_,ent were Pred Y. Maley, Village Manager; Mary T. Yetterer,
Village Clerk; and Alan Colo, Village Attorney.
On motion of Mr. Pa.plin, seconded by Mr. Davis, the minutes of the
previous; meetings of April 26, 1977 and May 10, 1977 were approved as submitted.
Mr. Maley said that the legal requirements to hold a. Public Fearing as to
whether or not, a building moratorium should be imposed on the Business District
had been met. Ile reviewed the statements of two consultants who have recommended
that the Business District Zoning be studied. ile also said that Dal Harbour :Shops
are considering further expansion and the purpose of the moratorium would be tp
give the council time to review the situation an applied to the entire Business
District Zoning. After hearing from those present for the hearing, Mr. Paul,
attorney for Yr. Vhitman asked for clarification of the action taken by the
Council at the meeting held April 26, 1977. Mr. Gold explained that at; that
meeting the council had been appraised of the provisions of Ordinance No. 182,
and that after deliberation it was found that there was sufficient grounds
based upon the criteria of Ordinance No. 182, to call for a. Public Fearing,
which is being held today. It was moved by Mr. Davis, seconded by Mr. Krez
and voted that the Public Hearing; be closed. It was determined that, it was
in the public interest to make a, comprehensive determination as to whether
or not the existing_; business district, regulations are appropriate. It, was
further determined that the existing business district zoning* and regulations
applicable thereto may probably be det.rimenta.l to that portion of the Village
so zoned; and, bused upon the criteria
of Ordinance No. 182, that there was
sufficient cause to impose a building moratorium on the business district,
and
RF:;cLuTior NO. 241
providing for a building moratorium for 90 days on. the Business District was
read by Mr, Gold. On motion of Mr. Davis, seconded by Mr. 1?eatty and voted,
Mr. Pr.intap abstained due to a, conlict for interest, (J'orm It has been filed
with the Clerk) and Resolution was :adopted.
Mr.. Maley said that the minutes of April 26th meeting that had been
previously approved should be corrected. After discussion on the wording
of the paragraph regarding. placing a bui.Lding 'moratorium on the bur<inFr^
district the consensus of the council was that the wording did nr:t properly
reflect their action. It was moved by Mr. Taplin, :seconded by Mr. Davis,
and voted that the action of the council approving the April 26, ','}77
minutes be recinded. It was moved by Mr. Taplin, seconded by Mr. Beatty
and voted that the minutes oe corrected to clarify the council's action.
Mr. Gold said that Mr. Paul had made reference to Mr. Whitman's vested
rights and estopel and suggested that this be put in writing by Mr. Paul.
Nr. Louis Horowitz, attorney for Bay Harbor Islands
council the proposed water line from Dade County to serve
discussed with the
Ba.] Harbour
an d
Bay harbor. It was moved by Mr. Beatty, seconded by Mr. Davis, and voted that.
Be.1 Harbour appropriate 115,000.00 from the General ;Fund Budget for the first
stage of the work and that the town managers instruct Mr. Sloan to obtain a
confirming cost estimate and start filing for the necessary permits.
Mr. Gold said that we have been working for a year on the settlement
of the North Miami Beach Water rate litigation and retained Coopers and
Lybrand C.F.A. to derive the actual cost of the water in the dispute. }le
briefly outlined some of the terms of the proposed settlement. It was moved
by Mr. Davis, seconded by Mr. Beatty and voted that Mr. Gold and Mr. Maley
be authorized to continue negotiations with North Miami Beach to affect a
settlement.
Mr. John Looby appeared to ask whether the Village would challenge
the Water Inplant Fee being charged by North Miami Beach in the courts.
Mr. Gold explained that we cannot make this issue part of the settlement
in the water dispute and suggested that. Mr. Looby and his attorney should
go before Judge Grossman for. relief.
Mr. Eicher of the Ba1 Harbour Resort Association said all the members
of the Association had not been able to come to agreement on the beach
landscaping drawings as presented by Stresau, Smith, Stresau. It was moved
by Mr. Davis, seconded by Mr. Taplin and voted that the landscapes architects
present a new theme projecting trees and split • system at a cost not to
r.xceed C350,000 for the work and that Messrs. Wessell, Eicher, Gimmel., Cliff,
Davis and Taplin should work with them on the new design.
Ordinance No. 193, amending the Zoning Ordinance was read in full by
the Village Clerk. On motion of Mr. Taplin, seconded by Mr. Davis, ,nd voted
passed on first reading.
Mr. Taplin said he is concerned about extrrior lighting on buildings and
asked that an amendment to the sign ordinance be prepared to limit this
type of lighting.
en motion of Mr. Beatty, seconded. by Mr. Taplin, and. voted the Americana
hotel was granted permission to utilize garage space for conventions through
1977.
Mr. Maley told the council tnot he had oroposais for the Business District
:toning study from Charles Kobler, Marton-Aschman, K-B-h, `.nrelos Demetrios,
and Wallace, Mcllarg, hoberts and Todd. After reviewing the proposals he wuld
recommend Barton Aschman, Angelos Demetri_ou and Charles Yober, in that order.
it was moved by Mr. Davis, seconded by Mr. Krez, and voted that Mr. Maley
negotiate with Barton Aschman for a fee noi. to exceed Ut15,000.
Mr. Stanley Whitman one Mr. Bozas, landscape architect, requested permission
to londsca.pe both sides of Park Drive in the two blocks facing the shopping
center. it was agreed that the village would nave no objection to this if they
could obtain permission from the Bat Harbour Club.
Mr. Maley said that bids had been received for improvements to the north
access to the beach. There were only two bids submitted, the ]ow kidder being
f-i-Ir Corp. for f1143,900.00 and Clifton Lightsey for :'71Ir,Wf3.'i0. The bids have
been sent to Henry von 0esen whn has recommended that we do not, reject the bids,
hut negotiate with Low bidder to serr if the hid can be reduced. it., was moved
by Mr. Beatty, seconded by Mr. Davis and voted that a new Figure be brought
back to the council.
The problem of Land sales solicitations in hotels was discussed with
representatives of the hotels present who agreed that they were not in favor
of this practice.
The question of incompleted buildings, particularly Bal Harbour 101, was
was considered. The council suggested that Mr. Maley and Mr. Gold draft a
letter to the owners regarding a completion time table.
rihe request of The Four on the Bay Commission on the Status of ';omen, to
increase our representation from a list submitted was rejected as they were
all from one district.
Mr. Maley said that thesections of the D.B.. contract held in abeyance
had been worked out and on motion of Er. Davis, seconded by Mr. Beatty, and
voted the balance of the contract was approved.
There being no further business on motion of Mr. Xrez, seconded by Mr.
Taplin the meeting was adjourned at 1:25 ".''.
Mayor
ATTEST.:
Village Clerk
Nay 31, 1977