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COUNCIL MINUTES
REGULAR MEETING - MAY 18, 1993
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, May 18, 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:
Mayor Estelle Stern
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Councilman Sol m. Taplin
Also present: Carole Sherouse 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
Boggess and seconded by Assistant Mayor Blank to approve the
minutes of the April 19, 1993, Induction Meeting. There being no
changes or additions, the motion carried unanimously (5 -0), and the
minutes were approved as submitted.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin to approve the minutes of the April 20, 1993, ;
Regular Meeting. There being no changes or additions, the motion:',
carried unanimously (5 -0), and the minutes were approved as
submitted.
3. Presentations: Officer of the Month - Ralph Cubela
Chief Treppeda read from his memo the accomplishments of the
Officer of the Month for April 1993, Ralph Cubela. Chief Treppeda
explained that Officer Cubela was unable to be present to accept
this award today. He further stated that Officer Cubela will be
given a plaque, and a check in the amount of $100 from the
Village.
Mayor Stern stated that Mrs. Morris has commented that Dr.
Dunn has an early meeting, and with the Council's permission would
like to hear that portion of the meeting at this time. Councilman
Boggess stated that Dr. Hastings has not yet arrived. Mrs. Morris
suggested that the' first variance request be heard at this time.
The Council approved to hear the variance and then hear from Dr.
Dunn.
4. Public Hearing: The Village Clerk advised the Council
that the owner of the property located at Lot 20, Block 9 of the
Residential Section of Bal Harbour, more commonly known as 208 Park
Drive, is seeking a variance of Section 21 -127 to correct an
existing violation of a 1" encroachment into the side setback.
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Mayor Stern then open the Public Hearing. Mr. Stephen Beyer,
Attorney for the owner, addressed the Council. He stated his
client is requesting this variance to correct an existing
encroachment into the side setback. He further stated this
encroachment has existed since the house was built in 1946, and was
recently discovered when the property was surveyed. Mrs. Morris
stated she has spoken to the Village engineers who explained the
margin of error, and saw this type of encroachment as not
unexpected. Assistant Mayor Blank stated he felt this was a waste
of time for discussion of encroachment that has been in existence
for forty -five years. Mayor Stern then closed the Public Hearing.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin 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 aye. F
Mr. Weiss stated he has discussed this with Mrs. :Morris, and
suggested that the Village get a letter from our Village Engineers.
He explained this letter would state percentage withid an error
factor, therefore building permits could be issued without
requiring a variance.
8. Dr. Hastings - Amphitheater: Mayor Stern explained to
Dr. Hastings that this item was moved up on the agenda to
accommodate Dr. Dunn. Dr. Hastings stated that he requested to be
1 on todays' agenda because of his concerns on the proposed
Amphitheater. Dr. Hastings reviewed his knowledge of what has
transpired on this issue. He further stated that the Village can
go into a lawsuit or leave matters to the experts. He continued to
explain that he met with Dan Paul who advised him that John
Fletcher was an expert in this type of case. Dr. Hastings further
stated that if the Amphitheater is partially enclosed Bal Harbour
will hear the noise. He continued to explain how sound travels,
and that the weather also effects sound. He further questioned if
Bal Harbour has status and reserved the right to bring action
later. Dr. Hastings stated he would like to recommend that a
committee be formed to consult with John Fletcher on this matter.
Councilman Taplin questioned Dr. Hastings if he was suggesting that
the purpose of this Committee would be to decide whether to
proceed. Dr. Hastings replied yes, he is suggesting that the
Village consult someone whether to proceed or not. Councilman
Taplin stated that it's not a matter of should the Village proceed
or not, the Village is going ahead. Dr. Hastings explained it is
not a matter to proceed or not, the Village may be going the right
way, therefore talk to another expert. He further stated that the
Village not hire Mr. Fletcher but consult with him. Councilman
Hirschl stated at this point it would be appropriate to let Mr.
Poole respond.
Mr. Poole stated his reason for appearing before the Council today,
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which is the number of conversations with Dr. Hastings and Mr.
Brown. He further stated that this discussion today is an attempt t
to resolve the differences in the opinion how the matter should be
handled. He further stated since the Council is his client, and
the representatives of the citizens of the Village of Bal Harbour,
that decision is up to the Council. Mr. Poole gave a brief update
in the overall process. He further pointed out to the Council that
in the Joint Resolution, Section One, Section Two, Section Three,
he then read verbatim, from the Resolution. Mr. Poole stated that
the decisions of the Council are Public Record, as well as what is
said is Public Record. Assistant Mayor Blank questioned if the
State and Federal agencies have been contacted concerning this
piece of property. Mr. Poole replied he has retained a consultant
to look into the environmental contamination problems, which is not
only an EPA issue but a Dade County issue. He further stated there
is a major concern from an environmental point of view, and he has
expressed and reserved the right to raise in a lawsuit. Councilman
Hirschl questioned Mr. Poole if he still stood by his opinion that
the Council would make the final decision whether 'the Council
agrees with the scientist. Mr. Poole replied yes. Councilman
Hirschl stated that the outcome is, if the Village is not happy
with the outcome of the studies, can the Village still sue? Mr.
Poole replied yes. Mayor Stern questioned the statute of
limitations. Mr. Poole replied in this situation there are none.
Councilman Boggess questioned how does the approach the Village is
taking differ from the approach John Flechter is taking. Mr. Poole
replied that Mr. Fletcher is raising separate issues. He further
stated that he has provided Mr. Fletcher with copies of the Village
Resolution and kept him informed on where we were in this process.
Councilman Boggess further questioned how long the project would be
delayed if the status of Development of Regional Impact is given to
the project. Mr. Poole replied it would delay them.
Dr. Stanley Dunn, addressed the Council, and stated his main intent
was to represent the Village. As well as, to insure that the
harmony of the community is preserved, in the eventual possibility
that this facility goes into operation. Dir. Dunn explained the
different components considered in noise study. He further
explained his participation with Dr. Bragdon in the noise study.
He continued by stating that his purpose is to make sure that a
fair representation is seen by all and that it's an effective
representation. He further stated the study will determine what
realty is and what the conclusions are.
Councilman Boggess commented.that on the sound study that has been
done so far at locations in North Miami and Bal Harbour. The
studies done in Bal Harbour, one on the waterfront, one on the 16th
floor of the Bal Harbour Tower, show we are out of our decibel
level and above. Mr. Poole explained that the cumulative effect of
decibels, if it is already noisy, when adding the decibels are not
cumulative. Dr. Dunn agreed and stated he will look into the
effect of traffic noise on AIA, and residential areas that are
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closer to the bay that are much quieter.
k , Dr. Hastings requested the Council to seek another opinion from Mr.
Fletcher. He further stated that he will pay for any charges. He
requested the Council to give serious consideration to appointing
a Committee. .
William Whitman stated he would like to talk about the scientific
studies, as to noise levels. He stated that the direction of wind
is an important factor, therefore the selection of the date of the
sound tests should tie into the direction of the wind. He further
stated the direction of the wind could have quite a different
result.
Mikki Canton, with the firm of Holland & Knight, addressed the
Council. She stated that she was involved in the initial process,
but has not been actively involved because she believed the lead
attorney is the expert in this field. She further stated the
question is whether the Council has confidence in Mr.' Poole. Ms.
Canton proceeded to explain her conversation with Dr. Hastings, and
that she had advised him to pose any questions he may have through
the Council. She continued by saying that if the Council did not
agree with this process, please advise, as this is the only reason
she appeared today. Mayor Stern thanked Ms. Canton.
`;. Charles Brown reviewed what had transpired between Barbara
Schindler, who heads up the Coalition, concerning becoming a
plaintiff from Bal Harbour. He further stated that Mario Noto is
the plaintiff from Bai Harbour in the suit Mr. Fletcher has filed
against North Miami.
Mrs. Morris stated that based on her conversations with Mr. Poole,
about whether people should become involved in fund raising. Mr.
Poole replied that we should not stop them, the more involved, the
less chance of this going forward. She further stated that the
rules for individuals suing a Municipality, and the procedure for
a Municipality suing a Municipality is different.
Mayor Stern stated this was the reason she.questioned the statute
of limitations. She further asked Mr. Poole if he would meet with
Dr. Hastings and Mr. Fletcher. She continued to state in this way
Dr. Hastings would be informed as to the status, through Mr.
Poole's efforts and Mr. Fletcher's efforts. Mr. Poole replied he
would be pleased to meet with Mr. Fletcher and Dr. Hastings.
Councilman Hirschl requested Mr. Brown to be present also. Mayor
Stern stated that by meeting with Dr. Hastings, Mr. Brown and Mr.
Fletcher, maybe the Village could get answers as to where we are
going, as well as to satisfy everyone as to our procedure. Mr.
Poole requested clarification as to the function of this meeting.
Mayor Stern replied that the meeting would be just an informational
session. Dr. Hastings requested that Ted Sheil also be present at
this meeting. Mayor Stern stated that a meeting will be arranged
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and then all be advised.
4. Public Hearing: The Village Clerk advised the Council
that the owner of the property located at lot 1 of the Ocean Front
District of Bay Harbor, more commonly known as 9601 Collins Avenue
is seeking a variance of the following: Section 21- 285(1) density
of 73.33 units per acre; Section 21 -286 floor area ratio = 4.59 to
1; Section 21 -287 permit lot coverage of 16.7 %; Section 21- 291(1)
front setback to 58.50 ft. and parking structure to 20 ft.; Section
21- 294(2) request issuance of Building Permit for the Model
Building prior to obtaining a permit for the main building; Section
21- 291(4) North side setback to 64.50 ft. and the South side
setback to 72.50 ft.; Section 21- 294(1) reduce the front and side
setbacks for the Model Building to 5 ft. Mayor Stern then opened
the Public Hearing.
Carter McDowell, Attorney from the firm of Fine Jacobton, addressed
the Council on behalf of the owner Pru Shel :;Development
Partnership. Mayor Stern stated she will not participate in any
discussion of this matter. Mayor Stern then passed the gavel to
Assistant Mayor Blank. Mr. Weiss stated that concerns were raised
by objectors and staff regarding consistency with the Comprehensive
Plan. He requested McDowell to address those issues. Mr. McDowell
stated that the Bal Harbour Shops and Sheraton Bal Harbour have
withdrawn their objection to the plans. He then proceeded to
address the issue of the Comprehensive Plan as requested. He
quoted from the future land use element of the Comprehensive Plan,
as well as from the existing land use element. He further
addressed the issue of density in the Comprehensive Plan. He
stated that he does not believe that a density limitation is set
forth in the plan, except under the existing land use element. Mr.
McDowell explained that the Village zoning code does address
density. He then addressed the Land Use Regulations and Zoning
issues that pertain to the variance application. Mr. McDowell
addressed each variance request separately. Assistant Mayor Blank
stated the main issue is the density. The question of when the
Balmoral was built was voiced, due to the number of units. Mr.
Desharnais checked the records and found the Balmoral was built
before the code was changed to 55 units per acre. Assistant Mayor
Blank questioned how many stores are proposed. Mr. McDowell
replied 24 stories, ten units per floor for a total of 220
apartments.
Tim Crespi, Vice President of the Civic Association, stated a vote
by the Board to unanimously approve a motion to oppose a request
for zoning variances. He then stated the various reasons for the
Civic Association opposition to this variance. He continued to
state if the building was reduced to 17 stories 170 units, there
would be no objection.
Stan Shanborn, 74 Bal Bay Drive, questioned the traffic issue. He
further stated that he moved to Bal Harbour to get away from excess
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population, Bal Harbour has enough people.
Dr. Stuart Harris, commented concerning density, can not see any
justness for the increase in density.
Councilman Boggess questioned if pool deck extends toward the
Ocean, more than any other piece of property. He further stated it
appears the proposed building would be also extend. Assistant
Mayor Blank explained that it was within the seawall.
Margie Shell, 9801 Collins Avenue, questioned if the National
Seashore has been advised that building will be close to Ocean.
Mr. McDowell replied they have discussed this with the Department
of Natural Resources.
John Scala, 101 Biscay Drive, requested the Council to consider if
variance is granted, what will happen if a request for a variance
on a Hotel is applied for Church by the Sea, as well as Bal Harbour
Club. He continued to state this will have a major effect on
traffic. Assistant Mayor Blank then closed the Public Hearing.
a.
Councilman Hirschl stated the Village has controlled density since
1974, high density is undesirable. He further suggested seven
units per floor, which would bring into density compliance.
- Councilman Taplin stated that if Bal Harbour had not kept to 55
units per acre, there would be twice as many people living in the
Ocean Front District. He further stated therefore he is against
going forward with the variance. He continued by stating the
developer is entitled to some consideration, he would approve
granting a 75 foot setback, with 55 units per acre.
Mr. Weiss pointed out to the Council that five variance requests
deal with the main structure and two variance requests with the
Model Building. He then reviewed the variances that deal with the
Main Structure. He continued by explaining the criteria of the
code, as well as his concerns about the Comprehensive Plan. Mr.
Weiss stated he is less concerned with the issue of use, but more
difficulty with the limit of units per acre. He further stated
that if the Council did approve the variance, staff has recommended
a removal bond. He continued to advise the Council that they have
the option of dealing with the variances on whole or individual
bases.
Assistant Mayor Blank questioned Mr. Weiss for his recommendation
on voting for individual variance or as a whole. Mr. Weiss replied
that would depend on the developer. Mr. McDowell stated if
acceptable, address the density issue, and allow the same
footprint.
Councilman Taplin stated since this property is the entrance to Bal
Harbour, therefore it is very important. Councilman Hirschl
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questioned Mr. Oren if he could build a 17 story building, with 170
units. Mr. Oren replied yes. Councilman Taplin stated that five
units more does not make a difference.
A motion was offered by Councilman Hirschl that on the Main
Structure, grant all variances with the condition on density be
limited to 165 units and building not taller than 17 stories,
according to existing code.
Mr. Weiss clarified the variances that were approved or denied.
The variances that are denied are density and lot coverage, but to
modify floor area ratio, therefore to approve front setback, side
setback. He further stated this is a very confusing issue, he
then suggested this Public Hearing be continued to a date certain.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to continue this Public Hearing until June 1,
1993 at 4:00 p.n. The motion carried unanimously. ',
9. Gold Coast Commuter Services - Lucy tinsworth
Mrs. Morris stated the representative from Gold Coast Commuter
Services had to leave, and requested to be rescheduled for June.
10. Reports and Recommendations:
A. Mayor and Council: None
B. Village Attorney: None F.
C. Village Manager:
1) Award of Bid - Landscaping of Harbour Way:
Deferred until June 1, 1993 meeting.
11. Other Business: Fred Kregel requested the Council to
consider a summer unemployment program. Mrs. Morris replied that
two youths are employed part time during the summer.
12. Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Hirschl and
seconded by Assistant Mayor Blank. The motion carried unanimously
(5 -0), and the meeting adjourned at 12:30 p.m.
Mayor Estelle St rn
Attest:
Jeanette Horton, CMC /AAE
Village Clerk
/jh
Regular Council Meeting 5/18/93