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HomeMy Public PortalAbout1985-11-26 MeetingMayor Sherman reported that Officer Flanagan and Chief Baquero held the first crime watch meeting for the village. Chief Baquero said there was a good showing of citizens and that Officer Flanagan will continue working with the citizens. Mr. McKeehan said the newspaper had misquoted one of our resi- dents regarding a statement made about street crime at the last meeting and the Herald should be called to correct the story. Mr. Kelly said he would take care of this. Chief Baquero explained the park and walk patrol. Mr. Kelly said our auditors, Arthur Andersen and Company have quoted a fee of $14,5000 for our annual audit and services, which is 1/3 discount over standard fees. On motion of Mr. McKeehan, seconded by Mr. Taplin and unanimously voted the fee was approved. Mr. Sherman said the police department has requested that some offices be arranged in the village hall which has been approved by the building department. The Mayor needs a new office and accounting should be moved upstairs. Mr. Desharnais said this can be done in-house with very little expense. The budget has provided for the renovations. Mr. Sherman said Dr. Rees, pastor of the Church By The Sea, had met with him reading the Summit meeting with the Russians. Mr. Sherman read a Proclamation regarding the arms talks. On motion of Mrs. Antiles, seconded by Mr. Taplin and unanimously voted the Proclamation was approved. Mr. Maute brought up the fact that next year the village would celebrate its 40th Anniversary. Mr. Sherman suggested that Mr. Maute and Mrs. Higgins of the Fairfield Manor might be a committee to promote the affair. The council mentioned the ownership of the village streets. Mr. Gold said he was preparing a legal opinion on this. Mrs. Antiles said an Attorney had told her that the village can clean up the Beau Rivage site and lien the owners. Mr. Sherman reviewed what had been done and said they need a resonable time to complete the job. Mr. Gold said the village has worked on this problem. On motion of Mr. McKeehan, seconded by Mr. Taplin d voted the meet- ing was adjourned at 11:55 A.M. Attest,: COUNCIer WT1985 Nove 2 The Council of Bal Harbour Village met Tuesday, November 26, 1985, at 9:30 A.M. in the Village Hall. Mayor Village Clerk 10-29-85 Present: Mrs. Antiles and Messrs. Laikin, McKeehan, Sherman and Taplin Also present were Louise Miller, Village Manager; Mary Wetterer, Village Clerk; and Anthony O'Donnell, representing Alan Gold, Village Attorney. On motion of Mr. McKeehan, seconded by Mrs. Antiles and voted the minutes of October 29, 1985 were approved as submitted. November 26, 1985 Mayor Sherman asked George Desharnais, Bal Harbour Building Official to comment on his decision disallowing the relocation of the Bal Harbour Shops north entrance from Collins Avenue to Bal Cross Drive. Mr. Desharnais outlined his reasons as stated in a letter to Harrison Constructions Managers, Inc., who had applied for the permit. The reasons stated were that the pro- posed entrance was inconsistent with the Comprehensive Plan as Ba1.Cross is a private street for residential use; lack of a traffic signal plan; violation of Section 7-5H of the Code, which states that a driveway must be on the lot it serves; it would cause noise and air-polution; and would prohibit the future use of Bal Cross as a through street. The village must protect the residential areas from commercial use. Joel Gustafson, attorney for Bal Harbour Shops introduced Stanley Whitman, Joe Rice, David Rhinard, Eldridge Lovelace, and Walter Taft Bradshaw, all representing Bal Harbour Shops. Mr. Gustafson stated that their request is a simple issue of a curb cut on Bal Cross Drive; toll booths would be installed within fifty foot set- back; the driveway would be where there is the least possible disruption of traffic on Collins Avenue; there will be no trucks at this location, only customers; the Shops would not be violating the set -back area at the Fair- field Manor; the fountain would beautify the area, both the 1979 and 1985 Comprehensive Plan say an appropriate buffer should separate the commercial and residential areas. Eldridge Lovelace of Harland Bartholomew and Associates, original planners of Ba1 Harbour Village, discussed the 1941 de- sign for Bal Harbour, explaining the concept of separation of density areas. He stated that Bal Cross was to be a main entrance into the village and has a ninety foot right-of-way. The plan has been carried out faithfully and profited from the lessons learned from Miami Beach in their 1930's plan. He said that moving the Shops entrance would make the intersections more evenly spaced. It is the Shops intentions to comply with the 1979 Comprehensive Plan. Mr. Lovelace said he had examined the Comprehensive Plas as being re- vised and it should not be made so simple. He offered to sit down and write up his early recollections of Bal Harbour Village. His offer was accepted with thanks. Joe Rice said the plan meets State requirements. He feels the stubs of the streets are open to the public and the areas behind the gate at Bal Bay and fence at Bal Cross are private; the corner parcels share Collins Avenue and Bal Cross Drivewith private access after the gate. David Rhinard reviewed, with the use of drawings, the access points to the Shops and traffic pattern within the parking areas. He explained the traffic sit- uation existing between pedestrians, entrance to the Sheraton Hotel and the north entrance to Bal Harbour Shops. He compared the entrance proposed by the Shops and an alternate suggested by David Plummer, traffic consultant for Bal Harbour Village, pointing out that the Village's alternate plan would cause pedestrians to cross over traffic lanes for ingress and egress from the Shops and loose seventy-three parking spaces near Neiman-Marcus. He showed that the median strip on Collins Avenue would be modified and the owners at Fairfield Manor would exit through the Bal Harbour Sjops. He stated that preliminary discussions have been held with Dade County and the Department of Transportation regarding signalization, Bal Harbour Shops would bear the expense. Taft Bradshaw explained the landscaping plan which contains a divided median on Ba1 Cross Drive, date palms and dense vegetation to tuck Fairfield Manor behind, extending a park like feeling. This would improve the Bal Harbour landscaping. Mr. McKeehan questioned the placement of new traffic lights and possible traffic stack -up caused by the Stop Bars. Joel Gustafson spoke of the Shops impeccable record; their commercial tax paying base, being a major tax contributor; and Fort Lauderdale, Miami, and other cities closing public streets to benefit shopping centers. Stanley Whitman spoke of how other communities help developers and that Bal Harbour Shops have done it all themselves. He said that traffic will move much better with the new entrance. Sheldon Pivnik, Chief of Traffic and Signalization for Dade County November 26, 1985 said they were asked to look at the signals at their present location. Their review showed that the signals are set at their ultimate phases. He suggested that to relieve the situation that the toll booths be moved some way to allow more cars to be ready to advance on the light after the toll is paid. Another lane would permit five more vehicles. Mayor Sherman quoted from the 1979 Comprehensive Plan in conflict with Mr. Rice's state- ment regarding street stubs. Mr. John Furnsler of Wallace Roberts and Todd, consultants for the village for a study of the Business District, said that the issue is whether the proposed plan is consistent with our Comprehensive PLan, quoting from the Plan in regard to streets. His opinion was that the use of Bal Cross Drive will overload Bal Cross Drive with non-residential traffic and this is not in accordance with the binding provisions of the Comprehensive Plan. Mr. Irving Wasserman of Reynolds, Smith and Hills, the firm selected to update the Comprhensive Plan for the Village, stated that the plan has been reviewed by the South Florida Regional Planning Council, the Dade County Planning Department, and the State Department of Commerce, all of the opinion that the additions to the plan are worthy of adoption. According to the Plan the new entrance would be contrary to its intent and that access can be done other ways in the Center itself. David Plummer, traffic planner, representing Bal Harbour Village, said the first problem is hotel traffic and the Shops traffic entering Collins Avenue; Bal Cross is a residential street in his opinion. Also Bal Cross is a different sit- uation from Bal Bay Drive as there is no residential driveway on Bal Bay Drive. Referring to the Bal Harbour alternate plan he felt that somewhere between the Village's plan and the Shops' plan we could find a way. Chief Baquero said that references have been made to the bad traffic situation on Collins Avenue. In his opinion since the Lehrman Causeway has been open our problem has been taken away, except for extraordinary times. The Police Department does not see the traffic problem that has been mentioned. Mr. Ralph Cades, Chairman of the Beautification Committee said that the Bal Harbour Shops are one of Bal Harbour's greatest assets, but he feels that to use the Bal Cross right-of-way would be unfair to the Fairfield residents due to the excess of cars and move the entrance 300' closer to the residential area. William Whitman said no stand was taken on the change of the entrance at the Beautification Meeting, all that was considered was would this en- hance the area. Owners of apartments in the Fairfield Manor and the Balmoral Apartments spoke against the proposed entrance change. Stanley Whitman mentioned items that the Shops and he have done to improve traffic on 96th Street and the flow through Surfside. Other residents of the Village spoke regarding the dedication of the streets to the use of the residents in the residential section and against commercial encroachment into the residential area. Herbert Davis said he has worked on this project for six months and talked to people of the west side of Collins and Park Drive and they agreed it would be good. Joel Gustafson said what the Shops are attempting to do is improve the situation on Collins Avenue and the ninety foot rightof-way is as much the Shops as the Fairfield Manor. Anthony O'Donnell said that we are all in agreement that the developer's permit must be consistant.with the Comprehensive Plan. This hearing was to present evidence from experts and residents so that the council can find under what tiag-pY't29eklt©d_ He believesthat the council hasbefore it enough testimony to make a decision. Louise Miller said that her review of the minutes the last time the Shops made the request showed that there has been no change in the developer's request. The old council were not receptive to the request. Mrs. Miller quoted from the Comprehensive Plan and recommended that the appeal be denied as the entrance must be on their own property under our code; the people are against it; the statutes provide protection for the Village; and suggested that the Shops try other suggestions that were made by those in attendance. November 26, 1985 If another plan is presented it will be considered. Sol Taplin said Stanley Whitman should be commended for Bal Harbour Shops, we should do as much as we can to help. However, this would be unfair to the Fair- field Manor. Estelle Antiles said to relocate the entrance would be con- trary to the residents wishes and moved to deny the appeal. The motion was seconded by George Laikin and unanimously voted. The meeting was recessed for until 12:20 P.M. and it was noted that Sol Taplin was not present on reconvening. The Village Manager explained the ordinance covering a water short- age situation. The Village Clerk read the ordinance in full for final reading. On motion of Mr. McKeehan, seconded by Mrs. Antiles and un- animously voted Ordinance No. 274 was adopted. Mrs. Miller said that after the bid for the entrance signs were too high, Mr. Desharnais was able to get bids on a sub -contract basis and do the rest in-house. The council considered bids of Hall Fountains, $5,107.20; Pan Am Stone Co., $14,000; and ACA Development Corp., $30,000. Mr. Desharnais said the approval for signs must be obtained from the State Department of Transportation. It was moved by Mr. McKeehan, seconded by Mrs. Antiles and unanimously voted that Mr. Desharnais would be in charge of the project and above bids be accepted. The Village Manager explained the draft of the proposed addendum to the water agreement between the City of Miami Beach, Bal Harbour, Bay Harbor Islands and Dade County. This addendum would waive the penalty against Dade County Water and Sewer Department and allow a later construction date for the water line over the Broad Causeway. On motion of Mrs. Antiles, seconded by Mr Laikin and unanimously voted the draft was approved. By common consent the council set the December meeting for the second Tuesday, December loth. Mrs. Miller said four firms had applied for the position of Village Attorney, and she will make her recommendation at the next meeting. Mr. McKeehan asked that they be given the representative's background and the firm's rate structure. He believes the attorney from the firm must have municipal experience. The Village Manager said that all the bus benches have been removed for renovation and that the coating was still sticky. The manufacture's representative has been contacted and we should know in a few days. Mr. Sherman read a letter from Dr. David Rees of the Church By the Sea stating that his opinion on the Bal Harbour Shop's request for the entrance change was a personal opinion and not the Church's position. On motion of Mr. McKeehan, seconded by Mrs. Antiles, and voted the meeting was adjourned at 12:45 P.M. November 26, 1985 Attest: 17- Vii Clerk COUNCIL MINUTES December 10, 1985 November 26, 1985 The Council of Bal Harbour Village met Tuesday, December 10, 1985 at 9:30 A.M. in the Village Hall. Present: Mrs. Antiles, Messrs. Laikin, McKeehan and Sherman Absent: Mr. Taplin Also present were Louise Miller, Village Manager; Mary Wetterer, Village Clerk; and Alan Gold, Village Attorney. On motion of Mrs. Antiles, seconded by Mr. McKeehan and voted the minutes of November 26, 1985 were approved as submitted. Mayor Sherman said that the village is like a family and it causes pain when an officer dies. Chief Fowler, President of the Dade County Association of Chiefs of Police is here to pay tribute to Officer Melendez. Chief Fowler then presented the Medal of Valor and Meritorious Service -Award to his widow, Bianca Melendez. Mr. Sherman said that engraved plaques for Officer Melendez and Sgt. Staab, who was murdered in 1957, had been donated by Tony Melucci in Hollywood and would be hung in the Police Department. The Village Manager reported that four firms had applied for the position of Village Attorney and that she had met with the representative of the firm who would represent the Village. On the basis of the interviews and ex- pertise of the firms, she selected Mr. Richard Weiss of the firm of Fine, Jacob- son, Schwartz, Masa, Block, England, P.A. Mr. Weiss gave a brief outline of his qualifications and of the firm. On motion of Mrs. Antiles, seconded by Mr. Laikin and unanimously voted the Manager's recommendation was approved. Mr. Sherman said at times our water pressure falls and it would be a dangerous situation if there was a major fire during one of these times. Mr. Gold explained that an Agreement had been prepared by the City of North Miami Beach incorporating suggestions made by theDade County Water and Sewer Authority, defining "emergency". WASA wishes it to be submitted to the City of Miami Beach and Bay Harbor Islands, all parties to the water system. Mr. Gold recommends passing the Agreement, sending it on to the City of Miami Beach and Bay Harbor Islands, and if no objections, send it back to the City of North Miami Beach. On motion of Mr. McKeehan, seconded by Mrs. Antiles, and unanimously voted the Agreement was passed. The Council discussed the condition of the Beau Rivage demolition job. Suggestions were made as to the type of fencing that should be placed on December 10,1985