HomeMy Public PortalAbout1993-04-20 Regular Meeting189
COUNCIL MEETING
REGULAR MEETING - APRIL 20, 1993
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, April 20, 1993, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:30 a.m.
by Mayor Stern. The roll was called and those present were:
Also present:
Mayor Estelle Stern
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Carole Sherouse 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,3 meeting
commenced.
2. Approval of Minutes: A motion was offered by Councilman
Hirschl and seconded by Assistant Mayor Blank to approve the
minutes of the March 16, 1993, Regular Meeting. There being no
changes or additions, the motion carried unanimously,(4-0) with
Councilman Taplin absent, and the minutes were approved as
submitted.
3. Presentations: Officer of the Month - None
4. Public Hearings: The Village Clerk advised the Council
that the owner of the property located at Lot 10, Block 6 of the
Residential Section of Bal Harbour, which is vacant land located on
Park Drive, is seeking a variance of Section 21-217. The reason
for the request is to permit a 4.75 foot encroachment into each
side setback, due to the height of the structure. Mayor Stern then
opened the Public Hearing.
Mr. Ralph Choeff, Architect, representing the owner, explained the
regulation in the code, as to the height of a two story residence.
He further explained the structure and how it would be impossible
to have a two story home, and keep with the setback requirements.
He stated that the average height of the roof would be 26.75 feet.
Councilman Boggess questioned the Building Inspector as to the
height of the house next to this proposed residence. Mr.
Desharsnas stated he was not sure of the exact figure, but the
height is over 30 feet. Councilman Boggess referred to the
residence of Mr. Lang, which is by far the tallest building in the
residential section. He further stated that this is the lot next
to the Lang house, and anything smaller than a two story will be
dwarfed. Mrs. Morris explained that Mr. Lang had built to the
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maximum to the building code, as to height, floor ratio and
setbacks. Mr. Jahn, Building Official, stated that he must follow
the code, but had no objection on personal bases. Councilman
Boggess questioned if the spirit of the code would be violated if
the variance is granted. Mr. Jahn replied no, but the code should
be reviewed. Mrs. Morris explained that the code requires side
setbacks of 14.75 feet, but the owner is requesting to retain a 10
foot setback, and have a structure of 26.75 feet. Councilman
Hirschl questioned why other two story structures did not need a
variance. Mr. Jahn replied that some Architects had a long slope
on the roof, which then lowered the average height. He then
referred to the definition in the code. Mayor Stern then closed
the Public Hearing.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank that this variance request be granted, which
would limit the height of the roof to 26.75 feet andF10 foot side
setbacks. The motion carried with the vote as follows: Mayor
Stern aye; Assistant Mayor Blank aye; Councilman Boggess aye;
Councilman Hirschl aye; Councilman Taplin absent.
The Village Clerk advised the Council that the owner of the
property located at Lot 7 and S 1/2 of Lot 8 Bay Harbor Section of
the Ocean Front District of Bal Harbour, more commonly known as
9909 Collins Avenue is seeking a variance of Section 21-291 (2) of
11 feet in height and permitted use to allow a poolside bar in the
rear setback. Mayor Stern then opened the Public Hearing.
Les Beilinson, Architect, addressed the Council on behalf of the
Sea View Hotel. He explained that the hotel is planning to remodel
the cabanas and construct a dining pavilion. He further stated the
reason for the remodeling is due to major structural problems, and
the landscaping is getting old. He continued to explain the
project, which is to create an environment that is more tropical,
that relates to the beach, end is friendly to the beachscape of Bal
Harbour. Assistant Mayor Blank stated at their last meeting the
Architectural Review Board gave preliminary approval to the plan.
Mr. Desharnais, Building Inspector, stated the approval was for one
story cabanas only. He further stated that the two story cabanas
and poolside bar would enhance the beach. Mrs. Morris explained
that the Board approved the design. Councilman Hirschl questioned
if the abutting properties had been notified. The Village Clerk
replied yes, and there has been no objection rceived.
There being no further discussion, Mayor Stern closed the Public
Hearing.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl that this variance request be granted. The
motion carried with the vote as follows: Mayor Stern aye; Assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin absent.
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5. Ordinance - Second Reading/Public Hearing: An Ordinance
was read, by title, by the Village Clerk requiring all Condominiums
and Cooperatives to file Condominium and Cooperative documents with
the Village Clerk, as well as requiring the registration of the
Associations with the Village Clerk. Mayor Stern then opened the
Public Hearing.
Assistant Mayor Blank stated he has received many calls since the
postcards had been sent concerning this Ordinance. He further
stated that every resident received this postcard, and they got
very confused. He continued to explain that the public does not
understand notification is according to the Village Code. Mrs.
Morris stated that State law requires that the Ordinance be
advertised, as long as is not zoning related, at least 10 days
before the second reading. She further stated that it is a
requirement of this Counc41, started some years ago, that postcards
be sent to all residents about any Ordinance that might effect
them. In addition to the postcards, at Council's request, letters
was sent to each Building Manager. She continued to explain the
letter and stated what would be required to compile with this
Ordinance. Councilman Boggess questioned why the need for the
documents. Mrs. Morris replied that an incident regarding life
safety hazard had occurred, and there was a question if was a
common element or privately owned element. She further stated if
the Village had the documents, it would make determining the
ownership, by the building department, much simpler.,, Assistant
Mayor Blank stated that the contact should be with the General
Manager of the Building. Mr. Weiss stated that a dispute had
arisen between an owner and Condominium Association. Therefore no
enforcement activity could be taken. He further stated Code
Enforcement or the Building Official was not able to take any
enforcement action due to the inability to obtain this information.
Mr. Weiss stated this information would not be used for normal
routine of Village business, but to carry out future life safety
responsibilities.
John Lang Looby, 220 Bal Bay Drive, stated he was involved in the
Bay Colony Cooperative. He further stated he feels more
legislation very unnecessary since the documents are available at
the Building. He continued by saying that the General Managers
should be contacted not the Board, as they are unavailable most of
the time.
Mrs. Morris outlined the incident that occurred in a high rise
building on the Ocean Front. A fire corridor did not meet code,
this was an ongoing situation, and taken two months to obtain
clear access and determine who to site. She further explained that
the General Manager was in the middle of a lawsuit between the
apartment owner and the Condominium Association.
Pat Thompson, The Plaza, agreed with former speaker, feels it
unnecessary information. She further stated encroaching on the
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rights of their Condominium, and stated this Ordinance totally
unnecessary.
Councilman Hirschl suggested that the Village require all
Condominium and Cooperative documents be on file with the General
Manager of the Building. Councilman Boggess stated that the
documents should be but accessible on request. Assistant Mayor
Blank stated he agrees with the two previous public speakers, and
feels the Council would be creating a monster. Mrs. Morris stated
that a member of Mr. Weiss's staff explained other cities had an
Ordinance similar to this one, and it would have been helpful when
the incident occurred. She further stated that administration is
not going to force this Ordinance, but have sensed a need, and
therefore made the Council aware of that need. Mayor Stern stated
to resolve this issue, all buildings should be inspected
periodically for all life safety hazards. Mr. Jahn, Building
Official, stated that it would not be necessary to have the Boards
register, but in his opinion an Ordinance requiring the documents
be submitted, is certainly needed.
John Lang Looby, 220 Bal Bay Drive, stated that each year the Fire
Department inspects the buildings.
Pat Thompson, The Plaza, stated she agrees that the problems can be
solved if the Ordinance was amended, that the documents be
available to any member of the Village.
Max Lebow, Carlton Terrace, questioned if this was the only
incident in the last 10 years. He further stated that the Council
does not have the right to demand a copy of the documents. He
stated that the Carlton Terrace will cooperate with the Village on
accessibility to see the documents. He continued by stating he
commended Mayor Stern for her recommendation and forget the
Ordinance. There being no further discussion Mayor Stern closed
the Public Hearing. The Ordinance failed for lack of a motion.
6. Ordinance - First Reading: None
7. Resolution: A Resolution was read, by title, by the
Village Clerk, requesting an independent audit of the Bond Issue
Construction Program, as well as the immediately commencement of
school construction projects across Dade County. Mrs. Morris
explained that Surfside and Bay Harbor Council's passed similar
Resolutions. She further stated they had requested the Village
Council consider a similar Resolution. Mayor Stern stated that
since the Resolution has been present for consideration, Bay Harbor
Elementary was given a grant and will be building a new school.
Therefore this may be a mute Resolution at this point. The
Resolution failed for lack of a motion.
8. Reports and Recommendations:
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J t7
A. Mayor and Council
Councilman Hirschl directed the Village Attorney and
Clerk to start working on amending the Charter, as to the change of
election date. He further stated that this issue should be on
ballot at next available time as not to incur any expense to the
citizens. He further stated concerning the single family district,
with roof height issue, the Village Attorney and Manager should
schedule a workshop on this issue as soon as possible. Councilman
Boggess stated the Ocean Front District should also be addressed at
this time. Councilman Hirschl agreed that the whole Village should
be addressed. Mayor Stern stated that the Resolution on changing
the Election date was too open and wide, Bay Harbor Resolution
stated religious holiday or natural disaster. Councilman Boggess
stated how the election was handled served the citizens well. He
further stated that at -the same time explore the deadline for
filing and the election date. Mr. Bruno questioned the regulation
on campaigning 50 feet from building. Mrs. Morris explained the
State law, as well as Mr. Weiss stated that a copy of the State
Statute would be available to him.
B. Village Attorney: none
C. Village Manager
1) Holland & Knight - Revised Work Progr a
Mrs. Morris stated that enclosed in the Council packet is a copy of
the letter she received from Sam Poole. She explained basically it
is a revised fee estimate and a revised schedule based upon the
agreement with the City of North Miami. She further stated the
date being discussed for the first noise workshop is May 6, but
this has not been confirmed. Assistant Mayor Blank stated the
initial appropriation was a $5,000 retainer, then within 10 days an
additional $20,000 was appropriated. He stated that at the time he
asked how much it was going to cost to fight the amphitheater, and
a figure could not be given at that time. However, Assistant Mayor
Blank stated then he estimated the cost might be $100,000, but the
report received in the agenda expenditures to date are $67,571.50.
He continued to explain that now another $25,000 is being
requested, with an additional $15,400 for Dr. Dunn. He questioned
Mr. Poole as to how much more will the cost be to pursue. Mr.
Poole replied that he can not predict the outcome, but atthis
point it could end tomorrow, with a decision by the Department of
Community Affairs. Assistant Mayor Blank stated that his objection
is his dislike of giving a blank check on this issue. Councilman
Hirschl stated that the Village forced North Miami into cooperating
with the Village on the noise issue. He further stated that the
cost may well be $100,000, but the value of the property in this
community, it will be money well spent. Councilman Boggess stated
that the Council has a moral commmitment to the citizens to pursue
this to the end. Mayor Stern stated the Village has come a long
way through the efforts of Mr. Poole and of all the community in
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opposing this project.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to process the expenditures. The motion
carried, with the vote as follows: Mayor Stern aye; Assistant Mayor
Blank aye; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin absent.
2) GMCVB Contribution: Mrs. Morris introduced Merriett
Stierheim, President, of the Greater Miami Convention and Visitors
Bureau. Mr. Stierheim stated that it has been a challenging year,
with the boycott, hurricane, and are currently in the middle of a
crime problem. In spite of the problems, the Bureau had a good
year. He stated that Bal Harbour is a jewel in the crown of
tourism. He further stated the Bureau values the participation in
the Bureau of Mayor Stern -and Mrs. Morris. Mayor Stern stated that
the Resort Tax Committee voted unanimously to continue the
contribution at $150,000. Mrs. Morris explained that the terms of
the interlocal agreement provides that the contribution will not be
less than $100,000. She further stated that in the currei*t budget
she has provided for a contribution of $150,000, which was the
1991-92 contribution.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Hirschl to continue contribution on the same bases.
Councilman Hirschl stated he would like to add a caveat that tear
sheet be provide to the Council and Mrs. Morris's office. The
motion carried with the vote as follows: Mayor Stern aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin absent.
Mr. Stierheim stated he will send a report back to the Council on
his meeting with the rental car companies and airport officials,
concerning the crime problem.
3) Jogging Path Reconstruction: ..Mrs. Morris reported
that according to Council's direction, competitive bids were sought
for the reconstruction of the Jogging Path. She further stated
only two bids were received with Homestead Concrete the low bidder,
with a bid amount of $132,271.34. She pointed out that this
expense will be reimbursed by the Federal Emergency Management
Agency.
A motion to approve this expenditure was offered by Councilman
Boggess and seconded by Assistant Mayor Blank. The motion carried
with the vote as follows: Mayor Stern aye; Assistant Mayor Blank
aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin absent.
Mayor Stern questioned the issue of beach renourishment. Mrs.
Morris replied she must work through the County. She explained that
there are two programs, one would be hurricane related
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renourishment, and the other is the renourishment of Surfside. She
further explained the Village should benefit from the Surfside
program, which is scheduled for October. Mayor Stern stated she
had spoken to Elaine Bloom who stated funding is available.
4) Quarterly Financial Report -P/E 3/31/93:
Mrs. Morris stated that the only place the Budget is out of line is
the expenditures for the Amphitheater, which was not provided for
in the original Budget. She further stated that the Village is in
good shape, and are at the anticipated percentages. Assistant
Mayor Blank questioned how is the legal fees encumbered. Mrs.
Morris explained fund balance. Mr. Singh asked the amount of the
fund balance. Mr. Walker replied in the General Fund is
$3,317,000.
5) Collins Avenue Medians: Mrs. Morris stated that
according to Council's direction they have been working on the
medians. She explained that 25% of the flowers will be replaced by
waxed jasmine, which will save on an annual bases $7800. Mr. Villa
has agreed to back fill as the Village deems necessa,Ty. She
continued to explain due to trucks running over the ends of the
medians, Mr. O'Leary has suggested to mulch the ends of the
medians. Mrs. Morris reported the shields are on order and should
be delivered by the end of April. She then showed the Council the
three different types of flowers that will be used to replace the
impatiens. Councilman Hirschl requested that Mr. O'Leary come to
the next Council meeting, and show exactly what he intends to do
before funds are expended. Mrs. Morris reported she has spoken to
the Department of Transportation, and they are agreeable to
installing a crosswalk on Collins Avenue.
9. Other Business:
Pru - Shel Development Partnership: Mayor Stern read a
letter she received from Mr. Stanley Whitman, withdrawing his
objection to variances that were requested on Lot 1 Ocean Front
Section. He further stated his reason is that the owners have
revised their plans, which are greatly improved.
Lester Goldstein, Attorney, addressed the Council on behalf of the
owner Yair Oren. Mr. Goldstein stated the owner has also met with
the representatives of the Sheraton, and reviewed the revised
plans. He stated that the Sheraton will also be submitting to the
Council a letter withdrawing their previous objections. Jerry
Oren, Contractor, made presentation and explained the changes in
the plans, signage and landscaping. He further explained there
will be an entrance on 96th Street, as well as on Collins Avenue.
Mayor Stern announced that the Beautification Dinner/Dance is
this Friday, April 23,
Bob Maute, suggested that Bal Harbour rent a bus for Bat
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196
Harbour night at the Marlins.
10. Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Boggess and
seconded by Councilman Hirschl to adjourn. The motion carried
unanimously (4-0) with Councilman Taplin absent, and the�eeting
adjourned at 11:30 a.m.
Mayor Estelle Stern
Attest: //
eanette Horton, CMC/AAE
Village Clerk
/jh
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