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
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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.
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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
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Council Mtg. - 3/17/92 6