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HomeMy Public PortalAbout1992-03-17 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - MARCH 17, 1992 The regular meeting of the Bal Harbour Village Council was held on Tuesday, March 17, 1992 in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:35 a.m. by Mayor Stern. The roll was called and those present were: Mayor Estelle Stern Assistant Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James E. Boggess Also present: Carole S. Morris, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman Sol M. Taplin As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to approve the minutes of the February 18, 1992 Regular Meeting. There being no changes or additions, the motion carried unanimously (4-0), with Councilman Taplin absent. 3. Presentations: Officer of the Month - None Proclamation - St. Joseph Catholic Church Mayor Stern presented the proclamation in honor of St Joseph's 50th anniversary. The proclamation was accepted on behalf of the Church, by Mary Wetterer, Chairman of the Parish Council. 4. Public Hearing: Owner of the property located at Lot 10 Bay Harbor Section of the Ocean Front District of Bal Harbour, more commonly known as 10101 Collins Avenue, is seeking a variance of Section 21-291 (1) and ( 6 ) ( f ) to permit the construction of a garage structure, with a front setback of 120 feet where 150 feet is required. Mayor Stern opened a Public Hearing to obtain comment regarding the application. The applicant, represented by their attorney Frank Wolland, explained their request. He displayed two exhibits of the modified plans. The first view shows the elevation views of the parking garage, and noted have adopted staffs recommendation to slope the garage. Additional landscaping is planned and also the garage wall will be painted green. Pictures were displayed of existing wall of Bal Harbour Tower and effect of the planned landscaping. Mr. Wolland stated the circumstances surrounding this request, which were that plans were approved in December and it was not discovered that a variance was required until February. Mr. Jahn, Bal Harbour Building Official, explained how plans were (Yr approved with setback showing 120 feet, error in scale of plans. Councilman Blank questioned if Mr. Jahn would recommend that the variance be grant. Mr. Jahn replied yes. A motion to approve the variance application was offered by Councilman Blank and seconded by Councilman Boggess. The motion carried unanimously (4-0) with Councilman Taplin absent thus becoming RESOLUTION NO. 455 A RESOLUTION OF THE VILLAGE OF BAL HARBOUR, FLORIDA APPROVING VARIANCE FROM SECTION 21-291(1) AND (6)(f) OF THE BAL HARBOUR VILLAGE CODE FOR THE PROPERTY LOCATED AT 10101 COLLINS AVENUE; PROVIDING EFFECTIVE DATE. 5. Ordinance - Second Reading/Public Hearing - None 6. Ordinance - First Reading: None 7. Resolutions - None 8. Reports and Recommendations: A. Mayor and Council: None B. Village Attorney: None C. Village Manager: 1. Collins Avenue Beautification: Mr. O'Leary explained he is in the process of completing plans and was concerned about the type of palm trees that are to be used, namely the green Malayan coconut. Therefore, he scheduled a meeting with State of Florida Agricultural Agent. The result of this meeting is that green Malayan Coconut is considered resistant to lethal yellowing but not immune, and this means the Village would be subject to lose a certain percentage of them. The source that was recommended for the trees to be true to type, excellent quality and have proof of certification from the Coconut Industry Board is trees from Jamaica. The cost would be approximately $1200 to $1500 per tree. Mrs. Morris is working with DOT to request they wait with their resurfacing project until after Bal Harbour project is completed. Mr. Maute questioned the use of coconut palm if they are so expensive. Mr. Whitman replied coconut is representative of the tropical area and at night lights up beautifully. Assistant Mayor Hirschl questioned why DOT does not recommend coconut palms. Mrs. Morris replied fruit is hazardous to traffic but the Bal Harbour Public Works Superintendent will have fruit cut down twice a year. Council Mtg. - 3/17/92 2 Mrs. Morris stated specifications will be complete in May and that the Village can request bids June 1st. and anticipates award of the contract at the June meeting to start work in July for completion in September or October. Mayor Stern stated should try to move project forward if possible. 2. Greater Miami Convention and Visitors Bureau Contribution: Mr. Stierheim, President of the Bureau, introduced the members of his staff Ms. Tarleton Jones, Marketing; Mr. Ty Stroh, Convention Sales; and Ron Kent, Leisure Tourism. He then proceeded to give the background of the Bureau from 1979 to 1989, explaining the down trend in 1990 and the upward influx of visitors in 1992. Assistant Mayor Hirschl stated as Chairman of the Resort Tax Committee he would like to report to the Council that the Committee voted to recommend that the Council contribute $150,000 to the Bureau. The Committee also requested that Bal Harbour be highlighted more in the Bureau's campaign coverage. Councilman Blank questioned the article in the Miami Herald on use of public funds. Mr. Stierheim explained funds are from both private and public sources and are recorded separately. Councilman Blank also questioned Mrs. Morris's memo of the shortfall of revenue. Mrs. Morris brought to the attention of the Council that this year $150,000 was budgeted for Gala, which will not take place, and also fund balance is available if there is a shortfall. A motion was offered by Councilman Boggess and seconded by Councilman Blank to contribute $150,000 to the Greater Miami Convention and Visitors Bureau. There being no further discussion the motion carried unanimously (4-0) with Councilman Taplin absent. 3. 90 Park Drive Sign Permit: Mr. Max Puyanic, owner of 90 Park Drive, explained type of sign and that sign is in compliance with the Bal Harbour Code. The sign is a double faced sign that gives address, name of the building and detachable sign that would say vacancy. Assistant Mayor Hirschl stated that the Council at the last meeting seemed in favor of uniformed signage. The Civic Association also endorses the concept of uniform signage, which is why this item was deferred until this meeting. Mrs. Morris explained uniformed signs as on Collins Avenue cost $1300, and also the Code would have to be amended. Mr. Puyanic agreed to uniform signage. Council Mtg. - 3/17/92 3 y r.. 1 Mr.John Lang Looby, 220 Bal Bay Drive, stated cost of uniform signage should be paid for by the Village. The consensus of the Council and the public is that the signs be uniform with no telephone number or vacancy sign. Mr. John Scala, 101 Biscay Drive, questioned why put vacancy sign on condo? Mr. Puyanic stated this building is in process of getting final approval from State to convert building to condo. Mr. Weiss, Village Attorney, advised the Council to separate the discussion on the sign permit and amending of Code. Councilman Boggess questioned Mrs. Morris if the present sign application, as presented to the Council meets the present Code. Mrs. Morris replied that the sign meets all the requirements under the present Code. A motion was offered by Councilman Boggess that permission be granted. The motion failed for lack of second. Mr. Weiss stated at this time there is no Ordinance requiring uniform signage on Collins Avenue. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Blank that the application for 90 Park Drive be denied. The reason being vacancy sign. Mr. Weiss stated vacancy signs are permitted by Code. Mr. Puyanic would agree to defer his application until the Code is amended if Council would allow a temporary sign and he would remove the vacancy sign. A motion was offered by Assistant Mayor Hirschl to amend the current Code to include District 5, the Single Family District, that the sign shall be similar to the signs on Collins Avenue and be lighted at the owner's expense. The sign shall include the name and address of the property only, no phone number or vacancy sign. The motion failed for lack of a second. Councilman Blank Association Mr. question to the Council to pass a square inch Real amended. requested the recommendation of the Civic Olsen, President of the Association;directed a Village Attorney, would it be proper for the motion for Mr. Puyanic to temporarily put up a 66 Estate for Rent sign until the Code can be Mr. Weiss stated he understood what Mr. Olsen was trying to do but it is not authorized by the Code. Mayor Stern questioned if a motion to that effect would be proper. Mr. Weiss advised Council to authorize sign to be put up with an Council Mtg. - 3/17/92 4 agreement from Mr. Puyanic that when uniform signage is made part of the Code he will conform. Councilman Boggess stated that under the present Code Mr. Puyanic sign meets all the requirements. Mr. Frank Crippen, 262 Bal Bay Drive, questioned if Code is amended to include uniform signage would existing signs be grandfathered. Mr. Weiss replied would be given reasonable period of time. Mr Puyanic stated he would agree that when the Code is amended he would conform. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl that permission be grant to erect a sign at 90 Park Drive without the vacancy sign attached. Assistant Mayor Hirschl questioned the time frame that non conforming signs would have to be in place after the Council approves uniform signage. Mr. Weiss stated it would be a reasonable period of time. The motion carried unanimously (4-0) with Councilman Taplin absent. The next item was not an item on the agenda but Council heard at this time. Mr. Olsen, addressed the Council in reference to access of right into the Security District. One issue at this time is the right of the Bal Harbour Manor residents right to access the property versus the people who are paying the Security District taxes to have and use a remote control unit to open a gate. The Association is trying to accommodate the people at the Bal Harbour Manor, a simple solution would be to change their exit and entrance. The Association requests the Council's indulgence in this matter. Mr. Olsen informed the Council what transpired at the Bal Harbour Manor annual meeting that he attended. The request to change the exit and entrance was refused, explaining they would lose three parking spaces. The membership of the Civic Association did vote to deny them remotes to open the gate. The Association is looking into developing a sticker for the apartment units indicating to the guardhouse that access should be provided. Requested Council refer matter of this nature to the to the Civic Association to handle. Assistant Mayor Hirschl stated he met last Friday with Village Manager, Village Attorney, Mr. Olsen and Mr. Riso of the Civic Association to discuss access into the Security District and the assurances received from this meeting was that the Association was acting in good faith and would not deny access to anyone from District 4 who had that deed restriction to come and enjoy the park land if they should desire. Council Mtg. - 3/17/92 5 Angela Whitman stated that the area does not have sidewalks and therefore she feel all traffic should be restricted. 4. Ordinances for Discussion: a. Appearance Code: Mrs. Morris explained the amendments to the Ordinance. Page 6- ii deals with types of roofs. Pages 9 and 10-Sec.5 A-11 ii - deals with appointments of the members to the Architectural Review Board. b. Convenience Establishment Use: The proposed Ordinance deals with convenience establishment uses. This would establish procedures eliminating the need for the Code to be amended. Mrs. Morris explained the changes in the permitted use Ordinance by adding other similar uses as may be permitted by the Village Council. Mrs. Morris explained to Council what brought this matter to her attention. The date for the Public Hearing was then discussed. The first hearing will be held April 7, 1992 at 5:15 p.m. and the second Public Hearing will be held at 5:15 p.m. April 21, 1992. The Regular Council Meeting for the month of April 1992 will convene at 4:00 p.m. instead of 9:30 a.m. 9. Other Business: None 10. Adjourn: There being no further business to come before the Council, a motion to adjourn was offered by Assistant Mayor Hirschl and seconded by Councilman Blank. The motion carried unanimously (4-0) with Councilman Taplin absent, and the meeting adjourned at 12:40 p.m. 4j Mayor Estelle Stern Attest: aeanette Porton,CMC Village Clerk /jh Council Mtg. - 3/17/92 6