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HomeMy Public PortalAbout1993-11-16 Regular Meeting57 COi1NCIL MINUTES REGULAR MEETING - NOVEMBER 16, 1993 The regular meeting of the Bal Harbour Village Council was held on Tuesday, November 16, 1993, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:35 a.m. by Mayor Spiegel. The roll was called and those present were: Also present: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman ,Andrew R. Hirschl Councilman Sol M. Taplin 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. ^. Approval of Minutes: A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the minutes of the October 16, 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 - Officer Steven Goldberg: Chief Treppeda read from his memo, the accomplishments of Officer of the Month for October. 1993, Officer Steven Goldberg. Officer Goldberg was presented a plaque and a check in the amount of $100. The Mayor and Council then joined in thanking him for his outstanding efforts. 4. Public Hearings: The Village Clerk advised the Council that the owner of the property located at Lot 20, Block 9, Residential Section of Bal Harbour, more commonly known as 20S Park Drive. is seeking a variance from the requirements of Section 21- 127 to increase the average roof height from 22 feet to 26.17 feet; which would require a 14.17 side setback. Mayor Spiegel then opened the Public Hearing_ Mr. Choeff, Architect. 3909 N. F. 163 Street, North Miami Beach. addressed the Council on behalf of the owner Steven Dunn. He referred to FEMA ruling requiring a flood elevation of 3 feet above sea level, and the crown of road at 1.96 feet. Therefore, over 4 feet immediately is lost, in what is judged to be from crown of road to peak of the roof. He continued to explain it is impossible to build a two story home, with the 22 feet height limitation as per the Village Code. He then proceeded to show a renderine of the proposed residence. He continued to explain it is an existing one story residence, the owner proposes adding a second floor, and renovating the entire inside and front of the house. As well as, 5ti adding a pool area. Mr. Choeff explained the area where the second story will be added has a setback of 15 feet on one side and 25 feet on the other side. He further explained the existing -esidence setback is 10 feet, t.herefnre the reason for the variance request. He continued to explain even if both floors had 4 foot ceilings, it would still he impossible to stay within the 22 feet height limitation and have the house to code. Ms. Dina Cellini, 211 Bal Cross Drive, stated her concern is that with the proposed addition she would have no privacy when using her pool. Another problem is that the house may he encroaching into her corner. She further stated she is concerned that ton many variances are being granted, which could result in very large homes on small lots. Mr. Choeff explained in answer to Ms. Cellini concerns of having no privacy when using her pool. The setback is 15 feet in the south east corner, where Ms. Cellini's pool is located, therefore he can foresee no problem. He further explained as stated previously, with the existing criteria it would he impossible to build a two story home. Councilman Hirschl questioned the square feet of the proposed structure. Mr. Choeff replied including the addition, which is 1700 square feet, the square feet of the entire house would be 4400. George Desharnais, Building lnvnectnr, stated the proposed addition has setbacks of 15 and 25 feet. Therefore, a variance would not be necessary if not for the existing house setbacks. Councilman Hirschl stated with all the proliferation of new owners who have new ideas on renovations nr demolishing and rebuilding, as well as. with the comments from the Architects and other information the Council hfs rec.ivcrt. it is vetting more difficult to build a two story house tit,- the present Vcode being so restrictive. He further explained the Council is at a workshop session now reviewing the village's Inning code. No decision has been made at this time, but the sentiment of Council is that they will increase the height limitation. He further c.tated the Council very concerned about homes with .00f to 0000 ',rjnare feet on -mall lots. Tf legally possible the Council will control the 1_n..it' Councilman Hirschl t>1,,, t,., eht or thy ciJilings, as well as. the rent' setback. M,, rhn,-ff replied both floors would hive 0 feet ceilings. He .rntir,.rd tr Ov2initt the rear czuth.lck is 2' feet. ;uncliina❑ Boggess conimert,..i rower variances then almost "•. council is now he: rc :,ad. and flood elevatinr•:. :eent1y -anted ar 1R irch - t a r r.., ..t- i 1 vent i r2 th.t tt,+, t.,i 1 t'gc Coon,.: l has granted nt1,r•r nitin T1.adr county. But, ,.rl t,:et. the r.. -L',Ts or the clown ,if lr., o,1. ^ur.ia , plain th,, rour;il ..r�, f- ft.;. 7.1.1n1ph hn11...r: tr, 1te r 1 built on Bat Bay Drive. The' Arbhitettlital'Review Board commented the architectural design of the house was hurt by not granting a 3 foot variaflbt•'?!" y; Councilman TaPlin`'stated':that"'1>a♦nyone bililding a new'r house in Bal Harbour„ with the cost of fhc rliSalliDbbIlld ifRiat'"on'Ja 9 "or 10 foot ceiling heightIVile , eetinued''Streitg1siittbit'ihaiy:;p0'bdominium are being built with'91bi t0"foot'"t'''iI'!ii$"heetghY:°'`Th'et.Yore , he feels the height Iidfiffitfionlei I1 havd'tfb':be"chishged:;.MOWSpiegel then closed the Pub1%Ib?Neitiing."""/9qa '�^^" .�.r, tt , ;,....nif. A motion vide'? 'offered by CounFi Iman ' Boggess t.and <, seconded by Councilman''WO Tjr:that ' the 'requested variance beT"granted. The motion carried "With the voter'Ite follows;''Mayor—Spiegel aye; Assistant Mayor`:Blank aye; Councilman Boggess' aye; Councilman Hirschl ay"e;'.Couhbilman Taplin aye; and the variance'was granted. 5. Ordinance - Second Reading/Pnhlic RPArinz: An Ordinance was read, by title, by the Village Clerk which authorizes the filing of a certification request with the Federal Communication Commission to obtain authority to regulate Basic Cable Television Rates,_:f_i.ling'.of .complaint$, enforcement of customer services obligation roses..:. Mayor Spiegel.._then opened the`Public,Hearing. Mrs. Morris' explained a Resolution was adopted at the -September 21st meeting 'authorizing the Village to regulate cable rates. She further 'explained that Mr. Weiss's office advised now the Federal Communication Commission is requiring an Ordinance stating the Village will 'foijow their rules. and regulations. Today is the second reading of 'that Ordinance. Mrs. Morris stated she has been talking with Metropolitan Dade County, Miami Beach, and the other Commodities serviced by Gold Coast Cable, and there is some interest in working as a group relative to regulation of cable television rates. She continued to explain the advantages of working .as a group, and the cost would be based on the number of subscribers not en population. Mr. John Bruno questioned if this would cover home service. Mrs. Mor'ffs replied it 'does in establishing rules and regulations, by which this can be done: Mr. Bob Maute stated "the television cable is exposed on Park Drive since the 'Hurricane. Mrs. 'Morris stated she will speak to the cable'company. 'Major Spiegel then closed the Public Hearing. , . i. A molioti'Was ' offered by Councilman Taplin and seconded by Councilman Hirschl to enact this,Ordinance. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank 'aye;' Councilman Bbjggebs aye';'.Comic iLilian' Hirschl aye; .Counci'man g Regular Council Meeting 11/16/931•V Taplin aye; thus 'be'comih ' 60 719tORDINANCE NO„':38$7 , ,tfi tr. "^grit! ! of j. " ;`�F; .#! Y` h i ' AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; ESTABLISHING THE REGULATIONS.B'pWHICH BAL 'HARBOUR a VILLAGE SHALL; REGiij,` w jC 1Ti£R CABLEilt TES;' AUTHORIZING t1' I fj(} Qp ' COMPlIA NTSt+.WITH ,THE' FEDE ...... feIATION, COMMIOION rFQR .OTHER TIERS k 1(I:E1, :3 :'AUTHORIZINQ ENFORCEMENT OP 'ARABLE' TELEVISION CUSTOMER SERVICE; OATIONS'• RULES WITHIN BAL HARBOUR VILLAGE; E STABL FSH j,i!jG " RECOGN I T I ON.. OF , THErtCOMP,LI ANCE WITH` ALLnREGULATIONS CURRENTLYIORtHEREAFTER ESTABLTSHED'BY THE FEDERAL COMMUNICATIONS COMMISSIQN;''AND PROVIDING FOR SEVERABILITY, INCLUSION IN'THE CODE AND'AW EFFECTIVE DATE, 6. Ordinance- 'First Reading; • ;None 7. Resolutions: None 8. Solaroll Shade & Shutter Corporation Mr. Harry Newman. Jr. - Appeal of Decision made by Architectural Review Board;'' Mr. Newman addressed the Council in reference to Shaker Villas. He explained before Hurricane Andrew there was three different styles of shutters on the•building. He continued to explain that after the storm, two different styles were installed. Mr. Newman proceeded to explain the Architectural Review Board approved one type then disapproved the original type; and would only approve roll up shutters. Mr. Weiss questioned if -the applicant was. present. Mr. Newman replied no. Mr. Weiss stated the proper person to appeal a decision made by the Board should be the home owner. He further stated that application to the Architectural Review Board should be from the owner and not a vendor. Councilman Hirschl questioned if it was possible 'to use roll up shutters instead of accordion shutters. Mr. Newman replied yes. Councilman Boggess questioned if the owner was out of town. Mr. Newman replied he was not sure if Ms. Heber was out of town, at this time. Mrs. Morris explained the•Board was concerned es to the different types of shutters on this building. She further stated the concern was in terms as to aesthetics. The same type of shutter should be used throughout ,the building, which would give a more uniform appearance. •• Mr. Weiss recommended to the Council this' matter be continued -until the'ne'xt meeting, pending a letter from the owner and the building. Mr. Weiss stated that in the future, ap'plicationg to the Architectural-Revi'ew'Boatd• should be from :the owrier,•or, a letter authorizing an agent: ,.I 4n r: r •.. r ,M l'°.".IFq t t.�? -. e, its'' i:r:A'motion was ' bffeseed • by Councilman 4Taplin and secondedAirby Councilman Hirschl to defer this mattg. i!fittif•l .the next mentjXig, The motion carried vyith the vote as follows: Mayor Spiegel. aye; Assistant Mayor Blank aye; Councilman Boggess aye; Couni main t Regular Council Meeting.11/16/83'!1,?•+' itISSOt 1. 4 61 r Hirschl aye; Councilman Taplin aye. s" 9. Mario Noto. 290 Bal Bay Drive - Unsanitary Conditions Existing within Bal Harbour: Mr.4Ioto:addressed the Council and explained his building is located on the west side of the southerly end of the fkaulover..br-idge:_..,_;.He_.proceeded-,to.. read a statement explaining the deplorabfe conditions under the bridge. ` lr.,,tloto then distributed pictures to the Council of What ,he hadAesaribed. ,+., Assistant Mayor Blank stated he agreed with Mr. 'Nofo.aetito`the conditions under the bridge.'He further stated he viewed the area this past,weekend -He questioned Mr. Noto if this situation'was discussed with the VillageManager.' Mr...Noto replied he'pers'onally did not call Mrs.�,Morris, but does know calls were made to the Village Ha11. • Mrs. Morris stated that one of the problems is due to the fact the Department c.f Transportation required the Village provide them with a staging area for the Collins Avenue paving. She further explained she will speak to the project manager about cleaning up this area. The other problem is that graffiti is increasing throughout the Village. She continued to state the problem of debris under the bridge has always been a problem. She will get with Mr. Wheldon and view the area, and determine what belongs to the Department of —Transportation, as well as stepping up cleaning of the area. Mr. Noto stated he is not looking for a temporary solution but, a permanent solution to the condition under the '.ridge. Councilman Boggess suggested that the Resort Tax Committee look into appropriating funds to maintain this area. Mayor Spiegel stated this area should be maintained equally as the rest of the Village. Mr. Wheldon explained that this area is also used by Southern Bell and Villa & Sons. He further explained as to the maintainance under the bridge, the Village public works spends from one to two hours every Monday cleaning up this area. Mayor Spiegel thanked Mr. Noto for bringing this matter to the Council's attention. 9. Reports and Recommendations: A. Mayor and Council: None B. Village Attorney: Re -Districting :- Mr. Weiss explained his report contains,the update as to the law regarding re -.districting. He continued to expl4irn the conclusions that were reached:" Such as, the current districting does meet the•requirements of..the law, and have,given the Council,.several different options. Councilman Blank stated singe,the'ieport is very comprehens3.ve.,.:,hei wouId prefer deferrings,diseussiot'until thnext•:meet`ing.' Mrs::Moirisig:stated Copies of Mi We'is§'s leiter`wie11 be'avti1able for the pub'lic1' It Regular Council Meeting 11/16/93`•'t 62 was the consensus of the Council .to -defer -discussion, untii;lthe'. next meeting. ' ., Ci vilrage Manager: t atf f, Drainage Svstem1-murovements::} rs�_tMorris explained that Mr. DgDnis Hammaker and Mr: -0.ene 3c�}lrilt�e o -Craig ,�f Smith ,:& ASsociateaare present 'to explain this ,pr, ;,. Mrs 'Mora`;s'tPen ` proceeded to recap of the reasons for this'project, referring 'to 'thetstormdrain failure in the area -of. BaljRm:prtive and Harbour .Way.' She ,continued to explain at that �time*$he.,becaine concerned that other intersections in the community that. have never, been replaced orArestored might also be in danger,o# collapse. Mrs. Morris:further explained the County will'notissue a permit for the replacements, without seeing plans for the treatment of the rainwater drainoff. • Mr. Hammaker explained the -current needs of the Village, and the proposed program. He further stated that a phased approach to the improvements is in the best interest of -the Village and DERM. He then proceeded to explain the four phases that are proposed. He continued to explain that DERM would require a commitment from the Village to complete the entire program within a specific period of time. Discussion followed as to the period of time for completion of this. program. Mrs. Morris stated some funds are now available, as well as, funds nay be available -from other sources. She further explained the type of pipe that would be used in the replacement. She continued to explain the life span of the pipe is estimated at fifty years, fund the pumping station at twenty five years. Councilman Blank requested a breakdown on administrative, contingency and engineering fees. Mrs. Morris explained the figures presented to the Council are only an estimated budget. She further stated she hopes this project will come in under the s timated figures. Councilman Boggess suggested that one million dollars be allocated from the General Fund and completion to be—Within-5 years. .1 motion was offered by Councilman Boggess and seconded by Councilman Taplin that it is the Council's intent to begin this ;project with current funds that are -available, and its further intent'' is to complete the project in 5 years, but in no event longer than 7 years. •The motion Carried wit4h t' a vote as follows: , Mayor Spiegel aye;,Assistant Mayor Blank aye,;- Councilman Boggess. aye;'Counci.iman Hirschl aye; Councilman Taplin",aye. ,1'1. 0- Ot ier Busjness, Councilman Hirfic fr, stated that, the Resort :Tax Committgrhas,,,committed to cop ; e yw>jth phase.L'wo: theCol1instAvenue• Prajeot..a At this time ,�aL ng;f.Sr'the .gn& Regular Council Meeting 11/16/93 C .,auk,„ • . . - proceeding. He leers tney snoulu Incorporate Lite area under Haulover Bridge as part of tnat pacsage. Al this time instructed the Village Manager this should be incorporated into phase two of the project. Assistant Mayor Blank stated he feels they should have a workshop session with the Architectural Review Board. Mayor Spiegel stated since they are a volunteer group, they should schedule a workshop at the same time of their regular meeting. Mrs. Morris explained she wrote all the members of the Board requesting their input as to code sections they thought properly addressed some of the issues the Village is dealing with. She explained at this time no replies have been received. But, once responses are received then she will schedule a workshop meeting between the Council and the Board. Councilman Taplin questioned what is happening along the Jogging Path. Mrs. Morris explained that is the Sea Oats that have been planted. Councilman Boggess requested an update on Munisport. Mrs. Morris replied she understands the coalition is running low on funding, and Mr. Fletcher's future and his suits are somewhat in doubt. Mr. Poole has reported that hearings were held over a two day period, on the technical issue related to the closure of Munisport. She further stated information, as results of the hearings, is that the site has a severe problem with toxic contamination. She further reported she has received a noise study report from Dr. Bragdon. Which she has requested Dr. Dunn to review and summarize for the Village. Margie Shell, 9801 Collins Avenue, stated she has not seen much growth of the Sea Oats. Mrs. Morris stated some have been replaced, and they do take a long time to grow. Bob Maute, Fairfield Manor, questioned when the supports will be removed from the Palms on Collins Avenue. Mrs. Morris stated at the end of Hurricane season, around December 1st. 12. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 11:10 a.m. S- Mayor Estelle Spiogel Attest: it t f i Jeanette Horton, CMC/AAE Village Clerk /jh Regular Council Meeting 11/16/93 7