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HomeMy Public PortalAbout1995-05-16 Regular Meeting24 COUNCIL MINUTES REGULAR MEETING - MAY 16. 1995 The regular meeting of the Bal Harbour Village Council was held on 'Tuesday, May 16. 1995. in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:40 a.m. by Mayor Spiegel. The roil was called and those present were: Also present: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman Andrew R. Hirschl Councilman James E. Boggess Alfred J. Treppeda. Interim Village Manager/Police Chief Jeangtte Horton. Village Clerk Richard J. Weiss. Village AttorAey Absent: Councilman Sol M. Taplin As a quorum was determined to be present, the meeting commenced. Mayor Spiegel introduced Lee Watts, aide to Senator Gwen Margolis, and Evelyn Wacher, representative from Dade County. 2. Approval of Minutes: A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve the minutes of the April lb, 1995, Induction Meeting. There being no additions or changes the motion carried unanimously (4-0), and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve the minutes of the April 18, 1995, Regular Meeting. There being no additions or changes the motion carried unanimously (4-0), and the minutes were approved as submitted. 3. Presentations - Officer of the Month - Barbara Reynolds: Mr. Treppeda read from his memo, the accomplishments of Officer of the Month for April 1995, Officer Reynolds. Officer Reynolds was presented with a plaque and a check for $100 from the Village. 4. Public Hearinas: The Village Clerk advised the Council that the owner of property located at 130 Park Drive is seeking a variance of Section 21-128 to permit a garage entry to open directly to the street. where a side entry to the garage is required. Mayor Spiegel then opened the Public Hearing. Mr. Weiss advised the Council this is a quasi judicial hearing. therefore the witnesses must be sworn in before testifying. The Regular Council Meeting 5/16/95 1 25 Village Clerk then proceeded to swear in Mr. Nieda. Building Official. and Mr. Bigelman, who will be representing the owner Jane Freund. Mr. Nieda read into the record his recommendation on the variance request, which is as follows: The applicant has requested a variance from Section 21-128 of the Zoning Code of Ordinances requiring that garage entry does not face directly into the street. The applicant submitted for approval to the Architectural Review Board a new single family residence in the R-2 District on April 5. 1995. The Architectural Review Board issued a Preliminary Certificate of Appropriateness conditional to the approval of this variance request. The proposed design concept is tastefully articulated through the use of arched garage doors and windows. The principal front elevation is symmetrically balanced with hip roof profiles over opposing garage and bedroom massing. The garage doors opening directly to the street are an integral part of an appropriate composition of the front elevation. The lot frontage along park Drive is limited to 78.97' which effectively restricts the ability to provide a garage with side entry and adequate vehicular maneuvering space. I believe that this variance request from Section 21-128 to permit a garage entry to face directly into the street is consistent with permitted uses of the R-2'`Residential District and will not be aesthetically or functionally detrimental to its neighbors. Accordingly, it is recommended that this variance from garage side entry requirements be granted. Councilman Boggess commented he believed this same variance has been granted for many houses along Park Drive. Although it is not a good thing to grant such variances. the lots are very narrow. Councilman Hirsch' asked Mr. Bigelman on his home does the garage face the street. Mr. Bigelman replied yes. but the issue of a variance was never brought up. Councilman Hirsch' stated that there are several houses on Park Drive that have the garage entry Regular Council Meeting 5/16/95 26 hidden from the street. Therefore. a house could be designed where the garage entry is hidden. Mr. Bigelman stated that would make the house even smaller. Councilman Hirschl then asked Mr. Nieda why the Village Code reflects no garage entry showing to the street. Mr. Nieda replied the restriction is more appropriate to larger lots along R-1 District. Most of the lots in the R-2 District are in the neighborhood of 30 feet wide. He then proceeded to display a rendering of the proposed house. Councilman Hirschl questioned if there was a way to screen the garage from the street. Mr. Nieda replied this was addressed by the Architectural Review Board. and the recommendation of the Board was that the owner should apply for a variance. They felt that there was not appropriate maneuvering space afforded, if landscape elements were placed -in front of the garage. Councilman Hirschl questioned if usually variance requests in the Residential District are sent to the Civic Association for their comments. The Village Clerk replied yes, and a copy of the variance application was sent to Mr. Brown, the President of the Association. but no reply was received. Mr. Brown was sworn in by the Village Clerk. He explained this issue was addressed at the last meeting of the Association. He explained each of the members went by the lot, and it. appeared to be a very narrow lot. Therefore. the membership was not objectionable to the granting of this variance. Mr. Miller. of Craig Smith & Associates. was sworn in by the Village Clerk. He stated from a design standpoint he agrees. He continued to state it is preferable if you can have a garage entry on the side. but with narrow lots it is difficult There being no further comments. Mayor Spiegel closed the Public Hearing. A motion was offered by Assistant Mayor Blank and seconded by Councilman Hirschl that the variance be granted. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye;. Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin absent. 5. Ordinances Second Reading/Public Hearing: None 6. Ordinances First Reading: None '. Resolutions: None 3. Residential Zoning Proposed Amendments: Mr. Weiss explained this is a letter from Craig Smith & Associates. which is a follow up to the workshop meeting. and Mr. Miller is Regular Council Meeting 5/16/95 3 27 present to review the report. Mr. Miller explained at the May 1st workshop meeting he was asked to prepare a summary of recommendations addressing the concerns that the Council had on zoning issues. He explained the main thrust of this report is directed to the Residential District. He then proceeded to review the recommendations for the Council. Councilman Boggess questioned suggestion number two - decreasing the sea wall setback from 40 to 25 feet. He further stated anytime that a variance was requested to allow a house to go toward the sea wall the neighbors have objected because their view is then blocked. Therefore. in his opinion this would not be a workable suggestion. Mr. Weiss stated once the Village decides what they would like to do, there is the deed regtrictions within the Residential District to be considered. t Councilman Hirschl stated it would be appropriate to have the Civic Association present this report to their membership .for their input. Mr. Miller stated he would be happy to attend the Civic Association meeting and then come back before the Council. Mr. Miller stated this report should also be on the next Architectural Review Board agenda for their comments. and he would also be attending that meeting. The Council complimented Mr. Miller on the fine• report he presented. 9. Reports and Recommendations: A. Mayor and Council: Mayor Spiegel stated that Councilman Hirschl has been appointed to the Resort Tax. At this time. she would like to reappoint him as chairman of that Committee. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve the re -appointment of Councilman Hirschl. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Hirschl aye: Councilman Boggess aye; Councilman Taplin absent. Councilman Hirschl explained that Mr. Terzi. General Manager of the Sheraton Bal Harbour. has been transferred to California and a new manager has been named. The new manager will take Mr. Terzi"s place on the Resort Tax Committee. Mayor Spiegel stated she has a request from Sonny Holzman. who represents the Harbour House, in reference to the restaurant at the Harbour House. She further explained Mr. Holzman has also met with Mr. Weiss on this subject. Mr. Weiss stated Mr. Holzman is a Regular Council Meeting 5/16/95 4 28 lawyer who represents a potential tenant in the Harbour House. who would bring a first class restaurant. He continued to explain the problem with getting a first class restaurant in the Harbour House is the fact the Village's Zoning Code provides that they are convenience establishments to primarily serve the residents of the building. He then proceeded to explain his interpretation of the Code as to advertising. Therefore, Mr. Holzman is requesting a change in the Code, or direction from the Council on how this should be interpreted. Discussion followed on the interpretation of the Code. It was the consensus of the Council to amend the Code to allow for a variance after a public hearing. Councilman Boggess questioned what is happening with Middlebrooks and Associates, as well as Breakwater Inc., who requested a workshop. Mr. Treppeda replied he and Mr. Nieda'Jiave met with Middlebrooks, and they are preparing a report on the renovation of the building that can be brought before the Council •at the next meeting. Assistant Mayor Blank read an article about the reef located in Palm Beach. At this time the Palm Beach Council is proposing removing the reef and replacing it with sand. Mayor Spiegel asked Ms. Wacher if the County had any discussion on Beach Renourishment. Ms. Wacher replied no. but she will inquire and forward any information to Mr. Treppeda. Councilman Boggess questioned the sand transfer station that is being used in Hillsborough County. Mr. Treppeda stated he has the article and can request additional information. Councilman Boggess suggested authorizing Craig Smith & Associates to look into the sand transfer stations. It was the consensus of the Council to have Mr. Miller of Craig Smith & Associates look into this and report back to the Council. It was the consensus of the Council to wait thirty days before scheduling a workshop. The items to be discussed would be the renovation of Village Hall, proposed zoning changes in the Residential District as well as the reef and sand transfer station. B. Village Attornev: 1. Fences and Safety Barriers for Swimming Pools: Mr. Weiss stated the County Ordinance is very good, and if the Council so desires he will draft an Ordinance to be placed on the agenda. It was the consensus for Mr. Weiss to prepare the Ordinance. 2. Melaleuca Trees: Mr. Weiss introduced a new member of his firm Steven Zelkowitz. Regular Council Meeting 5/16/95 5 29 Mr. Weiss explained Councilman Boggess requested him to research this matter at the last meeting. He explained in the County Code there is a strict provision in Section 24.27.1, which is applicable to the Village: does prohibit the transportation, sale. and planting of Melaleuca trees. He continued to explain the Code provides a penalty, and once the tree dies it cannot be replaced. Councilman Boggess explained the Village had a program, if requested, they would remove the tree but not grind the stump. In his opinion the Council should do something to remove the Melaleuea trees from the Village. Mr. Weiss stated he will look into the ability the Council would have to regulate the removal of Melaleuca tree. Assistant Mayor Blank requested Mr. Wheldon suggest a replacement tree for the Melaleuca trees between the Balmoral and the Sheraton Bal Harbour. V 3. Donation to Ruth K. Broad - Bav Harbor Elementary School: Mr. Weiss stated that his research has revealed nothing which would prohibit the Village from making the Donation. 4. Regulation of Condominium Conversion: Mr. Weiss explained the Council requested he research certain issues regarding regulation by the Village of the conversion of buildings to the condominium form of ownership. Mayor Spiegel stated since the report is quite long, in her opinion this should be discussed at a workshop. Councilman Hirschl asked for clarification of substantial alterations to the building. Mr. Zelkowitz explained the term substantial alterations means it would prolong the life of the structure. Mr. Weiss explained the Village would have to amend the Code as explained in the conclusion of his report. The ordinance should include regulation which apply to all buildings within a certain district including the regulation of minimum floor area, density and off street parking. The adoption of new ordinances with these regulations would have the effect of creating nonconforming structures. Assistant Mayor Blank asked Mr. Zelkowitz if the owner of a rental building wanted to convert the building to condominiums would the Village's present code allow this to happen. Mr. Zelkowitz replied this is permitted under state law. He further stated the Village cannot regulate the ownership of a building. but they can enact the ordinances as stated in the report. It was the consensus of the Council that Mr. 'Miler work with Mr. Weiss and that Mr. Weiss come back to the Council with a suggested Regular Council Meeting 5/16/95 6 30 set of ordinances. 5. Residential District Utility Systems: yr. Zelkowitz explained this item deals with the water. sewer. and drainage system that are located within the residential district of the Village. He further explained in connection with the drainage improvement project, which is currently being undertaken. it has come to their attention that the water, sewer. and drainage system are currently owned by the Bal Harbour Civic Association, Inc. The utilities under the street had never been conveyed to the Village as public utilities. He proceeded to explain in order to clarify the ownership situation, the utility systems should be conveyed to the Village and.a utility easement be granted as well. Mr. Zelkowitz stated he has been working with the Association, and he has prepared a Bi11 of Sale conveying the water lines, sewer lines, and drainage system and all equipment related from the Association to the Village. A grant of easement was also prepared. which grants to the Village an easement for utilities, and vehicular and pedestrian ingress and egress over and under the privately owned streets and parks of the Village. Mr. Weiss stated this is a clean up item that should have been done years ago. He further explained the Village is now taking public funds in order to make these improvements. Therefore, he requests the Council adopt the resolution authorizing the Village Manager to accept the bill of sale and grant of easement. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to adopt this Resolution. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin absent. thus becoming RESOLUTION NO. 511 A RESOLUTION OF BAL HARBOUR VILLAGE AUTHORIZING THE VILLAGE MANAGER TO ACCEPT THE BILL OF SALE AND GRANT OF EASEMENT FROM THE BAL HARBOUR CIVIC ASSOCIATION, INC. WITH REGARD TO THE CONVEYANCE OF EXISTING WATER,SEWER AND DRAINAGE SYSTEMS LOCATED IN THE RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE TO THE VILLAGE AND THE GRANT OF AN EASEMENT FOR UTILITIES AND INGRESS AND EGRESS PURPOSES FOR THE OPERATION, MAINTENANCE AND REPAIR THEREOF:PROVIDING FOR AN EFFECTIVE DATE. Mr. Wheldon suggested the street lights should be included. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to amend the motion to include the street lights Regular Council Meeting 5/16/95 7 31 subject to review by Mr. Weiss. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Hirschl aye: Councilman Boggess aye: Councilman Taplin absent. C. Village Manager: Replacement of Computer network in Police Department: Mr. Treppeda explained, in 1990 former Village Manager Carole Morris, installed a do-it-yourself network in the police department. The manufacturer of the network is no longer in business. The network has performed adequately for the past five years, however, he has been informed by our software and hardware companies that the network needs to be replaced. -He proceeded to explain the department has been experiencing problems which result in data being lost, which requires the frequent reentry of data. Mr. Treppeda explained the Village has received three bids for replacement of the current network with a Novell network.. At this time, he is requesting approval of the low bidder. Compb.terease. Inc., to install a new network at a cost of $4,398.00. He further explained the funds are to be taken from the forfeiture account with no charge to the taxpayers. A motion was offered by Councilman Boggess and .seconded by Councilman Hirschl to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye; Councilman Taplin absent. 2. Phase II Landscaping/Lighting for Medjool Date Palms: Mr. Treppeda explained recently two lighting demonstrations were held at the Palace Condominium to show the effect of the different types of lighting. He further explained Mr. O'Leary recommends the 100 watt KIM CL-4. below grade up -lights. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve the 100 watt KIM CL-4 below grade up - lights. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin absent. Councilman Boggess questioned if Haulover Bridge will be taken care of within the budget of this project. Councilman Hirschl replied that item is in the bid specifications for this project. 3. Purchase of Coconut Palm Trees: Mr. Treppeda explained there is currently S10.800.00 budgeted for coconut palm trees to be placed in the residential area of the Village. He further explained some of these trees are to replace Regular Council Meeting 5/16/95 S 32 dead trees and some are new placements. He then proceeded to explain three quotes from nurseries were received. At this time, he recommended the lowest bidder. Oglesby Palms Unlimited for a price of $10.00 per foot. He explained these trees come with a certification from the Coconut Industry Board in Jamaica that they are genuine Maypam palms, which are the most disease resistant palms available. Assistant Mayor Blank stated he has received two complaints. one in writing and one verbal. This happened after the article in the Neighbors appeared. The complaint was is the taxpayers monies paying for the trees, since this area is closed to the public. Assistant Mayor Blank stated he had no answer to the complaint because this is a gray area. Irwin Shaab, 9801 Collins Avenue, stated he read the article in the Neighbors, and he was appalled that tax dollars are being spent for trees in a private residential area. He further stated as a resident of Bal Harbour his tax dollars are also being spent to maintain private streets. such as the drainage and street lights. He stated in his opinion this is unfair, and that this;, district should be open to all residents of Bal Harbour. Councilman Hirschl stated the Village maintains the signage on Collins Avenue, and at the request of the Lanai have cut down trees. He further stated the Village of Bal Harbour is a small municipality, and takes care of its entire City. If you try to cut up the Village then you would lose the reasonable government procedures that the Village has as a municipality. Councilman Boggess stated that when the streets are repaired the property owners are assessed for the repairs. Mr. Shaab questioned if the Village owns the easements. Mr. Olsen. former President of the Bal Harbour Civic Association. replied there is a reservation in,the original deeding of the property to the owners. which granted a 5 foot easement pn the property for the right of way. Mr. Brown. President of the Bal Harbour Civic Association, stated times have changed. He further explained the reason for the Security District is to protect the residents of this district. Councilman Boggess thanked Mr. Shaab for coming to the meeting today. He further explained the Village is 47 years old and now the Council is living with a situation created at that time. He continued to explained the Council is trying to do the best they can with this situation. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve the purchase of the Coconut Palm Trees from the lowest bidder. The motion carried with the vote as Regular Council Meeting 5/16/95 9 33 follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. 4. Ruth K. Broad/Bav Harbor Elementary School Donation: Mr. Treppeda explained as directed by the Council he met with the Finance Director John Walker and discussed an amount for a donation. He explained they feel comfortable in a donation of $3.500.00 from the current budget. Therefore, at this time he requested Council's approval of a donation of $3,500.00. Councilman Boggess commented he checked to see how many students are enrolled from Bal Harbour, and there are 40 students. A motion was offered by Assistant Mayor Blank and seconded by Councilman Boggess to approve the donation of $3,500.00 to the Ruth K. Broad/Bay Harbor Elementary School. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Maypr J3lank aye: Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. 10. Other Business: Mr. Treppeda explained Mr. Cleveland, of the firm Oertel & Hoffman. is requesting authorization from the Council for his office to intervene into the Consent Agreement process if necessary. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to grant authorization. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin absent. Mr. Treppeda asked the Council in reference to the resumes for the Village Manager do they wish to follow the .same procedure as last year. After discussion it was the consensus of the Council not to have a selection committee, but they will decide on five finalists and at that time decide on what expenses will be paid. Mr. Treppeda stated the three year contract with the P.B.A. is over this year. Therefore. we will soon be starting negotiations. Mr. Singh explained he has been given a warning for the pebbles in his driveway, which he will be replacing with pavers. He further explained he must go before the Architectural Review Board, which would not be before July or August. Mayor Spiegel directed Mr. Singh to check with Mr. Treppeda and Mr. Nieda on this matter. Bob Maute questioned if new signage for the apartments will be included in the Collins Avenue project. He explained the signage on his building has missing letters and lights. Mr. Wheidon explained the Village purchased and maintained them, but Mr. Gross. the former Village Manager. changed the policy and directed him not to purchase or maintain the signs. The Council directed Mr. Regular Council Meeting 5/16/95 • 2A Wheldon to purchase and maintain the signs again. Denis McGary explained his building is in the process of changing from a co-op to a condominium would there be a problem with the Village. Mr. Weiss advised Mr. McGary to have their attorney contact Mr. Zeikowitz. 11. Adiourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to adjourn. The motion carried unanimously (4-0), and the meeting adjourned at 11:40 a.m. Mayor Estell=/S Attest. eanette Horton.CMC/AAE Village Clerk Regular Council Meeting 5/16/95 11