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HomeMy Public PortalAbout1992-10-20 Regular Meeting128 COUNCIL MINUTES REGULAR MEETING - OCTOBER 20, 1992 The regular meeting of the Bal Harbour Village Council was held on Tuesday, October 20, 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 Councilman Sol M. Taplin Also present: Carole S. Morris, Village Manager 'Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Taplin and seconded by Assistant Mayor Hirschl to approve the minutes of the September 1, 1992 Budget Workshop Meeting. There being no changes or additions thereto, the motion carried unanimously (5-0), and the minutes were approved as submitted. Councilman Blank requested that the minutes be corrected, page 2 last paragraph should read received $7,000 not $70,000. A motion was offered by Councilman Blank and seconded by Assistant Mayor Hirschl to approve the minutes of the September 15, 1992 Regular Meeting as corrected. There being no further corrections or additions thereto, the motion carried unanimously (5-0), and the minutes were approved as corrected. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the minutes of the September 15, 1992 Budget and Zoning Hearing. There being no changes or additions thereto, the motion carried unanimously (5-0), and the minutes were approved as submitted. Councilman Boggess requested that the minutes be corrected, page 2, should read Mrs. Morris to contactnot contract. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the minutes of the September 30, 1992 Budget and Zoning Hearing as corrected. There being no further corrections or additions thereto, the motion carried unanimously (5-0), and the minutes were approved as corrected. Mayor Stern stated with the permission of the Council, will take out of order, that Sheraton Bal Harbour wishes to speak. Regular Council Meeting 10/20/92 1 129 Sheraton Bal Harbour Mr. Gomez, General Manager of the Sheraton introduced Mr. Jim Harrison of Atlantic Beach Club, Inc. Mrs. Morris stated that Beach Bob has vacated and the Sheraton has filed for a permit with the State of Florida, Department of Natural Resources to allow Mr. Harrison to conduct rental services on the beach located in front of the Sheraton property. She further stated that she requested Mr. Harrison to appear before the Council and explain the operation of his company. Mr. Harrison stated he will have sailboats, wave runners and parasails, no water skis nor motorized boats. An activity line will be established and all activities will be south of that line, as well as his company will control the entire water area and will be in touch with the Coast Guard at all times. He further stated the office will be Kiki Hut and off the ground on portable deck and will open at 8:00 a.m. and close at 5:00 p.m., heassured the Council there will be no music and Mr. Harrison further stated he would handle all complaints personally. Mr. Gomez as.sured the Council if any problems arises, it would be eliminated immediately. Councilman Boggess requested Mr. Harrison to describe the fantasy, Mr. Harrison explained this is a display. 3. Presentations: Officer of the Month - None., Munisport Project: Mrs. Morris reported the proposed racetrack is being moved to the Homestead area and that has been confirmed by some normally reliable sources. However, the amphitheater project is still going forward. The City. of North Miami would be the enforcement agency for the noise levels that are defined in the amphitheater contract. This may put the Village into a similar problem as they experienced with Sundays. Mr. Weiss has recommended the Village speak with the firm of Holland & Knight. Mrs. Morris stated she had met Monday with Mickey Kanton, Reeder Glass and Sam Pool to review the avenues open to the Village to contest the plans for the amphitheater. She further gave a brief background of the representatives of Holland & Knight. Mrs. Morris stated she,had spoke to Bay Harbor Islands and to date they have not agreed to contribute to Mr. Fletcher, who is representing the Coalition, they are hoping the costs will be defrayed by private contributions, as well as speaking to Mr. Fletcher and if it is the Council's desire will set up an appointment for him to speak to the Council. However, Holland & Knight recommends that a decision be made and council be retained. It was recommended to authorize an expenditure up to $5,000 to be spent in an appraisal of the project. Councilman Taplin questioned what kind of report are they recommending, Mrs. Morris replied they have done a review of the Regular Council Meeting 10/20/92 2 130 documents that Mr. Weiss had provided but once they had been retained the firm would become involved fully. She also stated that another amphitheater is being proposed in the Tamiami area. Councilman Blank stated before paying a fee he suggests the Village receive sufficient information by attending the meetings. He feels too many attorneys are involved already. Mrs. Morris stated she had questioned Holland & Knight if this was a $5,000 or $50,000 problem they felt that the first thing that had to be done was some type of appraisal of the project. The fee would be based on $150 per hour and the Village would only be billed for the amount of time they spend on the appraisal. Assistant Mayor Hirschl stated he disagrees with Councilman Blank. That he has an obligation to the citizen's, genuine concern. North Miami went ahead and signed the contracts with no concern for Bal Harbour. He further stated he attended the planndng Commission meeting until 10:30 p.m. and although there were 100 people against to 1 person for, the Commission decided to defer that decision until they were able to receive more information. In retitining the attorney basically it conveys the right signal that to the surrounding municipalities Bal Harbour will protect its own interests. Councilman Boggess stated he agreed with Assistant Mayor Hirschl that they must protect the interest of the citizens'., Councilman Taplin also agreed, and that the $5,000 is for a study. Mrs. Morris replied yes, the cost would not exceed $5,000. Mayor Stern stated that attending meetings is well but would not help Bal Harbour as much as the attorney. Councilman Blank stated that he disagrees, to retain an attorney to complete the study would not be a good investment. Mr. Weiss stated he is very concerned and gave the reasons he had in recommending the firm of Holland & Knight. He further stated that at times the political way is least expensive. Mr. Olsen, 224 Bal Bay, questioned if the Resort Tax fund could share in the expense of the legal fees. Margie Shell, 9801 Collins Avenue, agree that Bal Harbour should spend the money for an attorney, must consider the traffic. A motion was offered by Councilman Taplin and seconded by Assistant Mayor Hirschl to retain Holland & Knight. The motion carried, and the vote was as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank nay; Councilman Boggess aye; Councilman Taplin aye. 5. Ordinance - Second Reading/Public Hearing: An Ordinance was read by title by the Village Clerk repealing Section 11-28 of the Bal Harbour Village Code which provides for an oral warning Regular Council Meeting 10/20/92 3 131 requiring abatement of a noise disturbance prior to the issuance of a violation. Mayor Stern then opened the Public Hearing. Mr. Weiss stated that the Special Master requested that the Code Inspector try to give an oral warning. Mrs. Candice Beckman stated she does not agree with the Ordinance. An oral warning should be given. This ordinance would give the police the right to issue violations for any reason without first warning the parties. After Mayor Stern closed the Public Hearing, a motion was offered by Assistant Mayor Hirschl and seconded by Councilman Taplin to enact this Ordinance, the motion carried and the vote was as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman _Boggess; Councilman Taplin aye; thus becoming: ORDINANCE NO. 378 ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA REPEALING SECTION 11-28 OF THE VILLAGE CODE WHICH PROVIDES FOR AN ORAL WARNING REQUIRING ABATEMENT OF A NOISE DISTURBANCE PRIOR TO THE ISSUANCE OF A VIOLATION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 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. Request for authorization to Proceed - Water & Sewer Department Rate Studies: Mrs. Morris stated that currently the water fund is operating at a deficit, due to the close relationship of the two departments it is not unusual to proceed with the studies in tandem. The consulting engineering firm, Craig Smith & Associates has submitted a proposal of $3,000 each for completion of a rate study for the water and sewer departments. At this time requesting the Council's authorization to proceed. A motion was offered by Councilman Taplin and seconded by Councilman Blank to authorize the Village Manager to proceed with Water & Sewer Department Rate Studies. The motion carried, with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Regular Council Meeting 10/20/92 4 Councilman Blank aye; Councilman Boggess aye; Councilman Taplin aye. 2. Architectural Review Board - Proposed Rule: Mrs. Morris stated that the Board proposed the inclusion of an additional rule that for those projects requiring landscape review in the Ocean Front District, shall require sealed plans prepared by a registered landscape architect. Mayor Stern stated in her opinion the Board should be eliminated. Councilman Blank stated he has attended every meeting of the Board and explained the strict control. Mr. Weiss stated the Board operates the same as other Boards, basically what the Board does is appropriate. Discussion followed as to when plans should have a seal and it was explained when no building permit was necessary. Assistant Mayor Hirschl. recommended that all new construction plans be sealed by a registered landscape architect and in the Ocean Front District only if a Building Permit is required. Discussion was held as to the Board reviewing applicatioes when a variance is necessary. It was the consensus of the Council that the variance application be heard and acted upon by the Council and then the project forwarded to the Board for approval of the plans. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Taplin that all new construction be sealed by a registered landscape architect. The motion carried, with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye; Councilman Taplin aye. Collins Avenue Median landscaping: Mrs. Morris stated she has received word from the Department of Transportation that the amended landscape plans will be approved, except for the portion from 96th Street to Bal Cross Drive will have the Palms placed 20 feet on center,'as opposed to 10 feet in the remaining areas. Mr. Whitman is still seeking approval of the plans as submitted Jogging Path: Mrs. Morris stated she has located the original plans and has met with the Village's engineers to talk about rebuilding the facility. Prior to construction, the Village must obtain approval from the Department of Natural Resources. She further stated it is her intention to provide for reconstruction which would require less maintenance. Essx Telephone Service: Mrs. Morris explained that the current telephone system is six years old and that in changing to the Essx system the saving to the Village would be $180 per month. The only difference would be that users will need to dial "9" in order to obtain an outside line. Mayor Stern questioned the start up charges. Mrs. Morris replies the cost to implement this change Regular Council Meeting 10/20/92 5 133 would be $1600. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Blank to authorize the Village Manager to proceed with an Essx telephone service. The motion carried, with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye; Councilman Taplin aye. 4. Public Hearing: The Village Clerk advised Council that the owner of property located at Lot 18, Block 12, Residential Section of Bal Harbour, more commonly known as 272 Bal Bay Drive, is seeking a variance of section 21-102(a) to permit construction of a covered patio 7 feet into the front setback and 1 foot in average height of the residence. Mayor Stern then opened the Public Hearing. Mrs. Morris stated that the Building Department recommends denial of the request for a variance to encroach into the 'setback. No such variance requests have been granted in the residential district. No objection is offered to the 1 foot increase in the height of the structure. Councilman Boggess stated he could not understand how the architect could draw a set of plans knowing they where in violation of the Village Code and expect the Council to accept. Mr. Padilla, architect representing the owners Mr & Mrs. Richason, explained the lot bends and only the 16x16 column is encroaching. Mr. Richard Olsen, 224 Bal Bay Drive, stated historical no front setback variance has ever been granted, but did not object to the height variance request. He further stated that for the Council to grant a variance the owner must demonstrate a hardship.- Mr. Weiss questioned if there is a encroachment of the roof beyond the 3 feet, Mr. Padilla replied yes. Therefore is it the combination of the roof and columns that encroach into the setback. Councilman Blank questioned the architect if=at the time the plans where drawn did he know they were encroaching? The architect replied yes, but he believed due to the irregular lot configuration a hardship does exist. Mr. Weiss reminded the. Council of the criteria per the Village Code in granting a variance, compatible, substantial justice, maintain the spirit of this chapter, compliance with the strict letter of the regulations will result with the practical difficulty as to prevent the owner from using the property for a permitted purpose or render compliance unreasonably burdensome. There being no further comments, Mayor Stern closed the Public Hearing. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to deny the variance request for 6 foot encroachment into the front setback variance. The motion carried, Regular Council Meeting 10/20/92 6 134 with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye; Councilman Taplin aye. A motion was offered by Councilman Blank and seconded by Councilman Taplin to grant the variance request for 23 feet in structure height. Discussion followed. Councilman Boggess questioned the interior height of the first and second floors, the architect replied 8 feet. The extra height would be for the roof not for the interior of the house. Assistant Mayor Hirschl questioned the architect that with the denial of the setback, he had stated early the requests were both necessary. The architect replied with the denial of the setback variance he would pull the column back and therefore this would reduce the roof span. The motion failed, with the vote as follows: Mayor Stern nay; Assistant Mayor Hirschl nay; Councilman Blank aye; Councilman Boggess nay; Councilman Taplin aye. A motion was offered by Assistant Mayor Hirschl and;,seconded by Councilman Boggess to deny the request for a 1 foot height variance. The motion carried, with the vote as fo110 s: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank nay; Councilman Boggess aye; Councilman Taplin aye. 9. Other Business: Mr. Bob Maute suggested that the Village purchase a new microphone system and put in place a permanent easel. 10. Adjourn: There being no further business to come before the Council, a motion was offered by Assistant Mayor Hirschl and seconded by Councilman Blank to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 11:50 a.m. Mayor Estelle Stern Attest: Jeanette Horton,CMC/AAE Village Clerk /jh Regular Council Meeting 10/20/92 7 f