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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 Regular Council Meeting 4/20/93 1 190 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. Regular Council Meeting 4/20/93 191 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 Regular Council Meeting 4/20/93 3 192 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: Regular Council Meeting 4/20/93 4 10 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 Regular Council Meeting 4/20/93 5 194 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 Regular Council Meeting 4/20/93 6 195 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 Regular Council Meeting 4/20/93 7 196 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 Regular Council Meeting 4/20/93 8