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HomeMy Public PortalAbout2002-04-16 Regular Meeting20 COUNCIL MINUTES REGULAR MEETING " APRIL 16. 2002 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, April 16, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:30 a.m. by Mayor Berlin. Those present were: Also present: Mayor Howard J. Berlin Assistant Mayor Daniel S. Tantleff Councilman Peg E. Gorson Councilman Seymour "Sy" Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, Deputy Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. The Pledge of Allegiance was previously done at the Local Planning Agency Meeting. 2. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the March 19, 2002, Regular Council Meeting. The motion carried unanimously 14-0), and the minutes were approved as submitted. 3. PRESENTATIONS: None 4. PUBLIC HEARINGS: None 5. ORDINANCES SECOND READING/PUBLIC HEARINGS: An ordinance was read, by title, by the Village Clerk, amending Chapter 3 of the Village Code pertaining to the annual renewal fee for alarm permits. Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed the public hearing. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to adopt this ordinance. The motion carried with the vote as follows: Mayor Berlin aye: Assistant Mayor Tantleff aye: Councilman Gorson aye: Councilman Roth aye. Thus becoming: ORDINANCE NO.472 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 3 "ALARMS AND ALARM SYSTEMS," ARTICLE II "BURGLAR ALARM SYSTEMS," AT DIVISION 2 "ALARM USER CERTIFICATE," BY AMENDING SECTION 3-52 "APPLICATION Regular Council Meeting 04/16/2002 1 21 FEE," TO REQUIRE ANNUAL RENEWAL AND TO PROVIDE FOR THE PAYMENT OF AN ANNUAL FEE FOR THE RENEWAL OF ALARM USER CERTIFICATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. The following ordinance was read, by title, by the Village Clerk, creating Section 17-5 to prohibit private persons from placing objects in public places: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING SECTION 17-5 "PROHIBITION ON PRIVATE PERSONS PLACING OBJECTS IN PUBLIC PLACES" OF ARTICLE I "IN GENERAL" OF CHAPTER 17 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES;" RESTRICTING THE PLACEMENT OF OBJECTS, ITEMS AND DISPLAYS IN PUBLIC PLACES; PROVIDING FOR EXEMPTIONS AND DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. Mayor Berlin explained that the Village Attorney and he met with Village resident Dina Cellini and her husband regarding this ordinance. As a result of the discussion, Mayor Berlin and the Village Attorney recommended tabling the ordinance at this time. A motion was offered by Councilman Roth and seconded by Assistant Mavor Tantleff to table this ordinance. The motion carried with the vote as follows: Mavor Berlin aye; Assistant Mayor Tantleff aye: Councilman Gorson aye: Councilman Roth aye. Mayor Berlin requested that Ms. Cellini be provided with advance notice if this issue is placed on the agenda again. 6. ORDINANCE FIRST READING/PUBLIC HEARING: An ordinance was read, by title, by the Village Clerk, amending Chapter 21 "Zoning Code" of the Village Code. Michael Miller, Village Planner, explained that the nature of the item is a suggested upgrade or rewrite of the Ocean Front Zoning District regulations. He advised that as part of that, there is a new type of zoning district suggested, which is called a PD (planned development) Zoning District. Mr. Miller reported that Bal Harbour was master planned in the 1940s and development has occurred in accordance with those plans. He advised that in the early 1970s, the Village adopted the first ordinances regulating development. Prior to that things were done mostly on an ad hoc basis. Mr. Miller explained that the 1974 ordinance solidified the community's zoning policies (density, setbacks, etc.). He advised that, during the mid 1970s, a few new buildings were built and in 1977, there was a substantial rewrite of the zoning district (density was lowered, some of the setback provisions were substantially increased and modified). Mr. Miller reported that there have been no amendments for the last 28 years. He advised that since 1995, the Council has been looking at the ordinances on the books and are modernizing them. Mr. Miller reported that in 1995, the Village adopted amendments to the Private Club (PC) Zoning Regular Council Meeting 04/16/2002 2 22 District. He advised that provisions for the Single Family Zoning Districts (R-1 and R-2) were then rewritten. Mr. Miller reported that the RM (Low -Rise Multi -Family) Zoning District is currently being worked on. Mr. Miller advised that two years ago, the Village modified some standards in the variance procedures, requiring a true hardship situation for a variance. He advised prior to that, the Council used the variance procedure on occasion to allow for some flexibility on building designs. Since the hardship standard was made more difficult and there has been some redevelopment pressure on the oceanfront, people have asked about modifications. So, they wanted to look at the big picture to see if the Code represents what the Village wants in the year 2002. Mr. Miller reported that a study was done analyzing the oceanfront area and submitted to the community in December 2001. He advised that a working group of Village staff and community interest people met to review the items and have suggested the proposed amendments to the ordinance. Mr. Miller advised that the law firm of Holland & Knight (representing the Harbour House) has requested some clarifications and amendments, which he will review and make recommendations on, by the second reading. Mr. Miller reviewed page 2 of the proposed ordinance, relating to Floor Area Ratio (ratio of the building plot area to how much square footage can be built in a building). He explained that it is used to regulate the bulk of the building (how much massing is in the building). Mr. Miller advised that the current Code does not exempt too many areas for the bulk area. He advised that communities usually give certain allowances to dead areas within a building (elevator shafts, emergency fire stairwells, trash chutes, etc.), which the Village's Code doesn't provide for, other than a mezzanine area. Mr. Miller explained that they are suggesting for the definition to exclude elevator shafts, emergency stairwells, trash chutes, other vertical mechanical spaces (air conditioning ducts and plumbing), and open balcony areas that may extend past the general envelope. He advised that it has not been suggested to change the FAR in anyway, so it will stay the same (2.8 to 1). The definition is just being amended to exclude some dead space. Mr. Miller reviewed the Ocean Front Zoning District regulations, starting on page 2. He advised that currently the Zoning Code does not contain a Purpose of the District, so they are suggesting adding that identifying the location and the purpose of the District (Section 21-279). Mr. Miller advised that the Purpose of the District is to provide land development regulations for those lands identified as RH Residential High Density in the Village's Comprehensive Plan. It also refers to the two plats that collectively make up the Ocean Front Zoning District area. Mr. Miller reviewed Section 21-285 (Maximum Density) and advised that the current density is 55 dwelling units per acre for residential uses and 100 guest rooms per acre for a hotel use, which will not be changed. He advised that the language stating "Apartments" will be changed to "Multiple Family Dwelling Units." Mr. Miller reviewed Section 21-286 (Maximum Floor Area Ratio) and advised that wording was added to refer people to the definition that excludes some of the areas previously described. Regular Council Meeting 04/16/2002 3 23 Mr. Miller reviewed Section 21-288 (Exception for accessory Parking Structures) relating to the special allowances for the parking garage, which typically includes the swimming pool and cabanas on the roof, to come out closer to the property lines. He advised that the front setback is 100 feet for oceanfront properties. Mr. Miller advised that the word "front" was added to this section to clarify that the platted building restriction line cannot be violated. He advised that an important change is relating to the height of buildings and explained that the language in the Ocean Front District relates to a Mean Low Water elevation of U.S.E.D. Bay Datum, which nobody knew what it meant. Mr. Miller advised that has been changed to establish that buildings be measured from the crown of the road. He reported that the allowable height has not been changed; they have only changed where the height will be measured from. Mr. Miller explained that the water is at zero and the frontage road is at 6 feet above sea level, so the change of the starting point would represent 6 feet. Mayor Berlin explained that it really wasn't a height issue as much as it was allowing all parties involved to be able to determine, with accuracy, where the starting point was. He advised that the road is fairly stable, while the Mean Low Water tide tends to vary. Mr. Miller advised that some of the property owners felt that as the Collins Avenue (Haulover) Bridge raises up, at the north end of the community, there are certain impacts caused by the vehicles moving up in the air and the noise resonates out from that. He reported that because of the unique nature and location of the lots at the Inlet, they should be given some flexibility in measuring the height limit. Mr. Miller advised that the language suggests, for instance for Tract E, taking the measurement of the average crown of the road in front of the property and also measuring it at two point from the bridge. He reported that it would mean about a 16 foot difference in the starting point, instead of 6. Mayor Berlin advised that Holland & Knight, in connection with their proposed comments, have submitted a revised definition of this formula. Mr. Miller advised that they have proposed not using the frontage road and just using the bridge, which would be a substanative change. Mr, Miller reviewed Section 21-289 (Minimum Floor Areas) and advised that the word "Apartments" was changed to "Dwelling Units." Mr. Miller reviewed Section 21-291 (Setbacks) and advised that the Code currently allows for the front setback area to be a minimum of 150 feet. He explained that if the building is taller than 17 stories, then the building must be set back further into the property. Mr. Miller advised that there has been some question whether the entire building has to be pushed back or just that portion of the building over 17 stories. He advised that to promote some flexibility for architectural creativity, the Village doesn't want to discourage the stepping back, but it doesn't want to mandate that. So, the language states that if the building is over 17 stories, then it must be set back, but the person can choose to either move the entire building back or just move the different stories back. Mr. Miller reported that under the side setbacks, the only change was some consideration for larger lots. He advised that it has been suggested that if a lot is substantially large, over 250 feet in width, that it be provided with a 50 foot setback, which is equivalent to the 200 foot lots. Mr. Miller advised that most of the lots on the beach are 200 feet wide. Mr. Miller reviewed Porte-Cocheres and Parking Structures (page 5) and advised that the changes include the side setback area and language to measure the height of the garage and parking structure (changing from the Mean Low Water U.S.E.D. Bay Datum to the Street Grade). He reported that the adopted change to the language for porte-cocheres, which was done in November 2001, is included. Regular Council Meeting 04/16/2002 4 24 Mr. Miller reviewed Section 21-292 (Landscaping) and advised there was a clarification to the Buffer -Zone section on page 6, stating that within the front setback area there shall be a fully landscaped buffer for a depth of at least 40 feet. The wording "at least" was added to encourage open space. Mr. Miller reviewed Section 21-293 (Building Height) and advised that currently there is not a maximum height limit in the Ocean Front Zoning District. He explained that the height of the buildings has been controlled, by the setbacks increasing as the height of the building gets taller. He advised that, in theory, as the building reaches a certain height (about 24 stories) the setbacks increase collectively to cancel each other out, which limits the height. Mr. Miller has suggested establishing a maximum height. He advised that the setbacks would still work and limit the height, but a 275 foot height limitation on the average grade is being suggested. Mr. Miller advised that additional language has been provided as to what can occur on the roof of the structure (elevator rooms, mechanical rooms, air conditioning compressors, recreational facilities) and to limit the height to 25 feet. He explained that habitable rooms, business establishments, etc. are not allowed on the roof. Mr. Miller reviewed Section 21-295 (Balcony and Porch Enclosures), in which conflicting language has been deleted, since the language was amended on the Floor Area Ratio. Mr. Miller reviewed Section 21-452 (Public Access) and advised that language was deleted that stated "Creation of new public access points shall make the development eligible for credits toward additional building height or similar site development concessions." He advised that the section has never been used and some of the other language that has been suggested will address it. Mr. Miller reviewed Section 21-299 (PD Planned Development District) and explained that it is to provide a mechanism for flexibility for both the Council and the property owners/developers. He advised that it is intended to be very limited in application and there are probably only 3 properties that may qualify to use this procedure. Mr. Miller does not want the Village to consider lowering the minimum size of the development to such an extent that every building could qualify. He advised the intention is to make this hard for people to use and to limit it in scope. Mr. Miller explained that there are some uniquely situated properties (such as at the Inlet). He advised that the setbacks are generic throughout the Code to move buildings away from neighboring buildings; however, the Inlet is there and there is no neighboring building, so it's open space. Mayor Berlin advised that this ordinance opportunity would only be applicable to the largest properties. Mr. Miller stated that currently if someone wants to build on an oceanfront property, then they go to the Building Department and work with Village staff, and go to the Architectural Review Board. He advised that this scenario is different in that any application would have to be approved by the Council. Mayor Berlin clarified that this is not a zoning change in the sense that these lots are not being zoned PD and will stay zoned exactly the way they are. He explained that the owner of those properties has the opportunity, in a very public process, to obtain the change of zoning to PD and then the development also has to be approved by the Council. Mayor Berlin advised that it will give the entire community the opportunity to participate and provide input into these developments. He explained that the most important component of this is the portion on page 9 that reads "The legislative discretion of the Village Council to approve, approve with conditions, or deny a PD application based upon its legislative determination that the application, as proposed or Regular Council Meeting 04/16/2002 5 25 modified, serves and protects the health, safety and welfare to at least an equivalent degree as the underlying zoning." Mayor Berlin advised that there has to be a demonstration on the record that whatever is proposed at these public hearings is in the interest of the community. Mr. Miller advised that the balance of the section on page 9 describes the application process for consideration of a PD. He explained that there is a substantial application fee that is intended to be "cost recovery" for the Village to review the application. Mayor Berlin clarified that PD zoning and developments tend to be very expensive propositions and normally that burden would fall on the city (it would have to expend its own resources to hire and pay for its professionals, consultants, and engineers to review and comment on the process); however, under this provision, the entire cost of that is bome by the applicant. He explained there would be a substantial deposit in advance and paid currently throughout the process. Mayor Berlin advised that failure to underwrite that expense would be an automatic denial of the application. Mr. Miller reviewed the application process and advised that the applicant would pay the fee, complete the form, and the Building Official would review the plans and provide any initial comments. It would then go to the Architectural Review Board acting as a sounding board to give the Council advice. When the Council receives the application, it would also receive comments and recommendations from the Building Official, possibly the Village Planner, and the Architectural Review Board. Mr. Miller reviewed the Village Council determination criteria and advised that there's a mandatory development agreement that would specify the conditions or obligations of both parties. He advised there are also requirements of Unified Control. Mr. Miller explained that the Permitted Uses section refers to the underlying ocean front zoning district. He advised the Utilities section explains that everything has to be underground. Mr. Miller reviewed that the Minimum Lot Area has to be 5 acres, the Minimum Street Frontage has to be 350 feet, the density is fixed as to the oceanfront zoning district (55 units per acre for residential and 100 guest units for hotel rooms). He explained that if someone wants to do a mixed use (combine hotels rooms and residential units), then language is included to combine them and figure out the density. Mr. Miller reviewed the Setback section and advised that one of the major purposes of the PD is to allow the designers and Council to consider on the bigger properties, some flexibility in the setbacks. Also, the Village has the progressive setbacks that push into the site when the building gets taller and bigger; there is a provision that if one comer of the building stuck out, etc. and the Council felt it was okay, then this would give the flexibility to consider that. He advised that there is a mandatory setback that recognizes the platted setbacks on the properties. Mr. Miller advised that the rest is a repetition of requirements in the Ocean Front Zoning District. Daniel Nieda, Building Official, expressed his gratitude to the Council in updating the Code. Mayor Berlin thanked the Building Official, Village Planner and Village Attorneys for their work on the changes. He advised that it has been an ongoing focus of the Council to make sure that the Land Development Regulations are appropriate. Mayor Berlin discussed the Hardship Variance standard, which overlays with this discussion. He advised that under this provision, the property owner has to demonstrate a hardship in order to get a variance of the land development regulations. Mayor Berlin advised that it really isn't an opportunity in the Village for any land owner along the beach to obtain any variance of any kind. He explained that it allows the community to stabilize its vision for land development. So, if a city has an open variance standard, then the land Regular Council Meeting 04/16/2002 6 26 development regulations are whatever happens from meeting to meeting. Mayor Berlin stated that once the Village came to the conclusion that the hardship variance was applicable, it became important to make sure that the oceanfront land development regulations were consistent with the Village's vision for development along the beach, since there weren't going to be any variances, and any developer that came through would have to build within the envelope of those regulations. So, the Village Planner and Building Official started this project and reviewed the land development regulations impacting the Ocean Front to make sure that they were both language consistent, reflective of the Village's current vision for development, and appropriate for the community. Mayor Berlin explained that the vast majority of what has been done in this project was to clarify language and make it, from the reader's perspective, more user friendly. He advised that the core elements of the Village's philosophy of development remain the same. Mayor Berlin reviewed that under lot coverage, the Village restricts the property developers to 20%, where some neighboring communities allow 60%. He advised that the language for the FAR was clarified, but held firm on the 2.8 to 1, and the density was not changed. Mayor Berlin explained that the Village will not allow building any closer to Collins Avenue than 100 feet and major buildings have to be at least 150 feet. He advised that the essence of this is to reaffirm the commitment of the Village's vision. He advised that the PD District is an opportunity of the Village to participate in and have direct input in development on the two largest parcels. Mayor Berlin advised that this will allow for discourse between the developer and the Village in a public setting about their concept for development, but ultimately, at a public hearing, the Village will decide what's in the best interest. Mayor Berlin advised that no Village Council member or Village Attorneys represent any of the developers coming into the Village. Mayor Berlin opened the public hearing. Charles Vallardo, resident— One Harbour Way, thinks that the Council has approached this in a fair manner. He expressed concern with the microphone system and not being able to hear. Marco Rubio, Attorney - Becker & Poliakoff, P.A., addressed the Council on behalf of the Kenilworth Association and the Carlton Terrace. He explained that he will advise his clients to look at what the proposed changes could be graphically to the neighborhood. Mr. Rubio questioned the time frame for the issue to be discussed again. Mr. Weiss advised that unless substantial changes are made to the ordinance, the second and final reading of this ordinance will be on the 3rd Tuesday of May. Annette Tiesch, resident — Carlton Terrace (10245 Collins Avenue), expressed her concerns about losing the sun, flooding, traffic, and preserving the quality of life. Ms. Tiesch hopes that the changes are beneficial to the Village. Mayor Berlin advised that he is easily reachable through email. Pat Tumpson, resident— Plaza Condominium (10185 Collins Avenue), agreed with Ms. Tiesch. Dina Cellini, resident — 211 Bal Cross Drive, advised that she didn't see any height restriction in the PD portion of the ordinance, which concerns her. Ms. Cellini also thinks that it would be a grave change in the philosophy of this Council because when the Council Regular Council Meeting 04/16/2002 7 27 amended the Code to create the hardship variance, it had an intent, which was to keep the building heights from sky rocketing. John Nichols, Nichols Brosch Sandoval & Associates, Inc., on behalf of Charles E. Smith (Harbour House Apartments), commended the staff on the PD ordinance, which leads to more creative design solutions for unique pieces of property and will allow for the Village staff, Council and public to participate in the planning process. Mayor Berlin closed the public hearing. Mayor Berlin discussed the height issue in the PD section. He advised that he is still concerned about the issue of height and explained that the PD Districts are going to be an extensively negotiated process, by allowing a lot of discussion and input. Mayor Berlin advised that the height issue was left open because it allowed the Village the opportunity to negotiate. He explained that if the community received a substantial benefit and the tradeoff was a little extra height, it made sense and the community was positively inclined, then it's something the Village may want to consider. He advised that this is not a Carte blanch for developers and he is not in favor of unlimited height. Mayor Berlin advised that the Village can always add a height restriction to the PD District. Mayor Berlin reviewed the comments received from Sue Delegal, Holland & Knight, dated April 12, 2002. He explained that the Harbour House properties have a higher density than the rest of the Ocean Front District and they are requesting to grandfather in their current density and other things that are applicable to their property. Mayor Berlin advised that has been discussed with the Village Attorney and the Village's position is that they would not be vested and would have to conform to the density in the ordinance as it exist today, if the property is redeveloped. He advised that they have asked for permission to permit the Village to consider adding on to the exclusion from floor area ratio (request to amend the definition of floor area ratio to exclude other general public areas, particularly in connection with a hotel development). Mayor Berlin advised that the Village will not; it wasn't provided for the residential developers, so he wouldn't be inclined to do it for hotel either. Mayor Berlin explained that it would mean expanding the floor area ratio amount that can be built. Mayor Berlin advised that they are requesting certain changes to the definition of street grade. He responded that to the extent that it would assist in clarifying it, the Village would look at it. He advised that to the extent that it changes the result, the Village Planner would have to be consulted for that. Mr. Miller recommended not changing that. Mayor Berlin advised that they are requesting to delete Section 21-288(5), which would allow them to build within the building restriction line, (building closer to Collins Avenue than 100 feet). He responded that his position would be no. Mayor Berlin advised that they are requesting to change the minimum setback for buildings of 17 stories or less, from 150 to 125 feet. He responded no. Mayor Berlin advised that on Section 21-291(5)(e) he would recommend that to the extent of if the Village does anything of this sort, it would only be in connection with a PD development; he wouldn't carve it out for the rest of the district. Mayor Berlin advised that they would like to delete the language restricted to side setbacks and otherwise. He reported that has already been deleted. Mayor Berlin advised that in response to changing the side setbacks from 25 to 20 feet, he sees no compelling reason to do that and would say no. Mayor Berlin stated in response to comments on Section 21- 291(6)(f), it's the same concept and the Village's philosophy is no building of any kind within the building restriction line, meaning no building of any kind within 100 feet of Collins Avenue. Mayor Berlin advised that in response to the comments to Section 21-291(7), he Regular Council Meeting 04/16/2002 8 28 doesn't understanding what is meant by the coastal construction control line. Mr. Miller will make a note to discuss that. Mayor Berlin reviewed the recommended changes to Section 21-292(3)&(4) and advised that his position would be that it conflicts with the Code due to the front and side setback requirements, so the answer would be no. Mayor Berlin reviewed comments to Section 21-293(a) and (c)(1)&(e), which impacts on height. His position is that the Village doesn't want anymore height, so he would say no on that. Mayor Berlin advised that they have requested the Village to check the definition it's proposing of average Street Grade. Mayor Berlin reviewed comments regarding Section 21-299(b)(7), which proposes to allow the owner of the property to convey the property after it has been rezoned PD. He advised that concerns him because he doesn't want the community to go through a PD process with one developer and then find that it has been transferred. Mayor Berlin's recommendation is not to allow a transfer. He advised there may be an involuntary transfer, such as a foreclosure or bankruptcy, etc. Mayor Berlin reviewed comments to Section 21-299(d) and advised that they would like to delete the minimum lot area requirement. He is against that and advised that size is the issue. In addition, they are suggesting to reduce the minimum street frontage applicable to the PD District from 350 to 325, which he is against, because size is the issue. Mayor Berlin reviewed comments regarding Section 21-299(f)(2) regarding the perimeter building setback, which would delete the requirement that it would be no closer than 25 feet. He advised that he is against deleting that because it's not consistent with the Village's desire to have a minimum of a 25 foot side setback. Mayor Berlin reviewed comments to Section 21-299(f)(3), which they suggest adding a new provision to assure that as long as approved as part of the PD site plan and development agreement through the PD development, projects may be constructed seaward of the coastal construction line. He advised that concems him because even if there were local and State permits offered, he doesn't think the Village would want building seaward of the coastal construction line. Mayor Berlin reviewed Section 21-299(1), which they are suggesting adding a new section to make it clear to the extent that if there's any variation or inconsistency with any other provision of the Code, that the Village maintains the right, subject to the perimeters set forth in 21-299, to provide for all of the development conditions. He thinks that's redundant in the ordinance and doesn't bother him if it states it a little clearer. Mayor Berlin reviewed the additional comments. He advised that they want to know whether or not the PD District, as the Ocean Front, would permit mixed uses and if they could have a combination of those uses. Mayor Berlin thinks that they can because it's currently permitted. Mayor Berlin advised that they have also questioned whether or not the hurricane shutters and other protective devices includes the use of high impact glass, which it does under the Village Code. Mayor Berlin suggested that between now and the next hearing that they consult with the Building Official and Planning Consultant if they wish discuss anything further. Assistant Mayor Tantleff believes that the Harbour House, specifically the north building, has somewhat of a hardship because of the bridge and the U-turn side road. He requested that the Village Planner look at the PD District with as much flexibility as possible to allow the potential developer the flexibility, if they do come in with a beautiful project, and that the Village takes into account where it is specifically located. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to adopt this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye: Councilman Gorson aye; Councilman Roth aye. Thus becoming: Regular Council Meeting 04/16/2002 9 29 ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 21, "ZONING CODE" OF THE CODE OF BAL HARBOUR VILLAGE BY AMENDING THE DEFINITION OF FLOOR AREA RATIO IN SECTION 21-1 OF CHAPTER 21; AMENDING DIVISION 10 "OCEAN FRONT DISTRICT" OF CHAPTER 21; AMENDING PUBLIC BEACH ACCESS PROVISIONS IN SECTION 21-452 OF CHAPTER 21; AND CREATING SECTION 21-299 "PD PLANNED DEVELOPMENT DISTRICT;" PROVIDING FOR SEVERABILITY; INCLUSION IN CODE; AND AN EFFECTIVE DATE. 7. RESOLUTIONS: A resolution was read, by title, by the Village Clerk expressing support for the Human Rights Ordinance and opposing the ballot question that would repeal it. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adopt this resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: RESOLUTION NO.630 A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, INCORPORATING RECITALS; EXPRESSING SUPPORT FOR THE CONTINUING EXISTENCE OF THE HUMAN RIGHTS ORDINANCE THAT PROHIBITS DISCRIMINATION BASED ON SEXUAL ORIENTATION, AS ADOPTED BY MIAMI-DADE'S BOARD OF COUNTY COMMISSIONERS IN 1998; OPPOSING THE SEPTEMBER 10, 2002 BALLOT QUESTION THAT WOULD REPEAL THE MIAMI-DADE COUNTY HUMAN RIGHTS ORDINANCE NO. 98-170; PROVIDING FOR AN EFFECTIVE DATE. 8. DISCUSSION OF SHADE STRUCTURE FOR PARK: Lisa Petrillo, resident-114 Park Drive, addressed the Council on behalf of the mothers in Bal Harbour and explained that it's very hot and the children have a tough time getting on the slides. She explained that all of the parks in South Florida have shading and the shade structure she is suggesting provides 97% sun protection and allows air to flow through it. Randall Rosin, Industrial Shadeports, distributed pamphlets to the Council. He explained that the protection of the structure is the same as wearing SPF 30 and the fabric won't fade or mildew. Mr. Rosin reported that it will also let heat escape and allow light in. It also has a 10 year warranty and meets Florida wind codes up to 150 miles per hour. He advised that shade structures will soon be mandated by the State Legislature over all play areas. Mr. Treppeda explained that the company has been recommended by the City of Pine Crest and Aventura. He advised that Industrial Shadeports is the sole vendor that does the type of shape that the Village needs. Since this is the only company that makes the type of shape, then three bids are not required. Regular Council Meeting 04/16/2002 10 30 Mr. Rosin distributed the proposal for a shade structure for the Bal Harbour Park. He advised that the structure is not a waterproof fabric, so some water will come through it when it rains. Mr. Rosin reviewed the colors available and advised that all the colors provide 97% sun protection. Mr. Nieda thinks that the sand/cream color should be considered because darker colors will attract heat. He questioned if the structure has to be taken down during hurricanes. Mr. Rosin advised that it can withstand 150 mph winds, so it doesn't have to be taken down. He will provide the Village with structural engineering drawings and sealed drawings. Mayor Berlin would like the Village's Maintenance Department to be advised on how to take the fabric portion down, so they can do so whenever it's necessary. Mr. Treppeda advised that the proposal received from Mr. Rosin is for $27,260.00. Ms. Tumpson advised that the Plaza had a similar structure put up recently and the fabric fell apart. Mr. Rosin advised that his company has been in business for 10 years and that fabric was probably not the same. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Gorson to authorize the Village Manager to negotiate up to $23,0001or a shade structure (sand color) for the Park with Industrial Shadeports. The motion carried with the vote as follows: Mayor Berlin aye: Assistant Mayor Tantleff aye: Councilman Gorson aye: Councilman Roth aye. Mr. Rosin advised that the fabric is also fireproof and will not rot or mold. Joni Blachar, resident— 63 Camden Court, suggested also covering the basketball court. Mayor Berlin suggested putting up this structure first and to consider doing that in the future. Joy Ziefer, resident-187Bal Cross Drive, questioned if mold will be a concern on the lighter color. Mr. Rosin advised that it will not mold. He reported that it will take 4-6 weeks to install the structure. 9. REPORTS AND RECOMMENDATIONS A. MAYOR AND COUNCIL: Discussion of Injunction for Animal Code Violation: Mr. Treppeda explained that there was a recent change in the Village's animal ordinance that limits residents to having 2 dogs and/or 4 puppies at any household in the Village. He advised that the resident at 59 Camden Court currently has 4 large dogs and is not willing to comply with the ordinance voluntarily. Mr. Treppeda advised that the resident has been cited and when the Village attended a hearing in Dade County, the Clerk's office there had lost the file, so the resident has since been cited again. He advised that the Village planned on citing him every day, but now he doesn't answer the door. Mr. Treppeda explained that the Village Attorney has advised that the only other option, with Council approval, is to file an injunction in Circuit Court to ask the court to order this resident to comply with the ordinance. Mayor Berlin advised that this matter came to the Council from the Civic Association. He explained that the issue on the agenda would be to step up the enforcement with this injunction because the Village hasn't been able to accomplish compliance through issuing citations. Mayor Berlin wants to make sure that the Civic Association is in favor of seeing the Village step up its efforts on enforcement. Regular Council Meeting 04/16/2002 11 31 Doug Rudolph, resident — 212 Bal Bay Drive and President of the Bal Harbour Civic Association, advised that the Board and residents in the Security District feel very strongly that the dog issue is a real problem that is a real danger potentially for the children and people in the neighborhood. Mr. Rudolph thinks that, within reason, the Village should do whatever it has to do to make people comply with the ordinance. Mr. Treppeda advised that at least one of the dogs at 59 Camden Court has been declared dangerous by Miami -Dade County. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Gorson to authorize the Village Attorney to file an injunction in Circuit Court to order the violator to come into compliance with the Village's ordinance, limiting the number of dogs allowed. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Roth aye. Library: Mayor Berlin advised that he received a letter from the Mayor of Surfside regarding building a library of the future. He explained that the Town of Surfside bought property located on the west side of Collins Avenue, just south of their Municipal Parking Lot. Mayor Berlin advised that Mayor Novack's vision is to demolish the building there and build a modern library of the future. The current library is inadequate to service the needs of residents. Mayor Berlin reported that Mayor Novack's idea is to ask Bal Harbour and Bay Harbor to join with them and build the library. He wouldn't ask for the acquisition cost, but would ask for participation in maintenance, etc. Mayor Berlin is in favor of looking into this. Councilman Roth stated that the only way he would consider this is if Surfside agrees to go along with the 96th Street Project and pay for just their side of the street, not including the median. Otherwise, he is in favor of paying for residents that want a library card in Miami - Dade County. Mrs. Ziefer advised that the current library in Surfside is not a full working library, but is a library source. It was the consensus of the Council for Mayor Berlin to speak with Mayor Novack regarding the library. Mr. Weiss will review the Village Charter regarding the library. Resignation of Councilman James E. Boggess: Mayor Berlin advised that as a result of declining health, Councilman Boggess tendered his resignation last month. He stated that Councilman Boggess has been a mentor, wonderful Chairman of the Resort Tax Committee, and it's a loss to the community. Mayor Berlin explained that it is the Council's responsibility to fill the vacancy on an interim basis, until the next election, in April 2003. He advised that several resumes have been received and the Village should let people know that if they are interested they should submit resumes. Mayor Berlin requested that this item be kept on the agenda so that if there is a candidate that the Council feels comfortable with, then it can move them into the seat either at the next or the following meeting. Mr. Weiss suggested that the Village notify people that there is a vacancy via newsletter, etc. Mr. Treppeda will put it in the newsletter and on the Bal Harbour Information Channel 20. Assistant Mayor Tantleff questioned about the Chairman for the Resort Tax Committee. Mayor Berlin advised that he attends all the meetings and has been the Chairman Regular Council Meeting 04/16/2002 12 32 whenever Councilman Boggess did not attend. Mr. Treppeda explained that the Council needs to appoint a new member of itself to serve as the Resort Tax Committee member and then the Committee selects a Chairman. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to appoint Mayor Berlin as Chairman of the Resort Tax Committee. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Roth aye. Councilman Roth advised that he continues to receive compliments on the Beach Master Plan. Ms. Tumpson advised that the Village Consultants recently advised that the sea grape trees behind the Plaza could not be cut lower to provide more of a view to the ocean; however, she has noticed that the trees behind the Sheraton have been cut down. Mayor Berlin requested that the Beach Consultants (Coastal Systems) appear at the next meeting regarding cutting down the sea grape trees. Mayor Berlin advised that something will be planned to honor Councilman Boggess once he gets out of the hospital. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Discussion of Injunction for Animal Code Violation: This item was discussed previously in the meeting. Approval of Fees to Remove and Replant Canary Date Palm: Mr. Treppeda explained that a canary date palm has to be removed temporarily to repair a leak in a water pipe underneath the tree, located along the north side of 96th Street. The following three bids were received to remove and replant the tree: 1. Tip Top $4,200.00 2. Vila & Son $5,900.00 3. Bert Newcomb $7,850.00 A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $4,200.00 for Tip Top to remove and replant the Canary Date Palm. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Roth aye. Resort Tax Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on April 11, 2002: 1. FAM Trip Expenses (the Fletchers) $1,800.00 2. Italian Media FAM (Dinner at Carpacciol $ 500.00 A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $2,300.00 for the above listed resort tax items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Roth aye. Regular Council Meeting 04/16/2002 13 33 Mayor Berlin announced that the Director of Sales & Marketing, Carolyn Travis, has resigned to take a job in New York. He reported that a Sub -Committee of the Resort Tax Committee is working to find a replacement. 10. OTHER BUSINESS: Mrs. Tumpson discussed parking at Village Hall, which is impossible. 11. ADJOURN: There being no further business to come before the Council, a motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to adjourn. The motion carried unanimously (4-0), and the meeting adjourned at 11:30 a.m. 1, Mayor Howard J. Berlin Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 04/16/2002 14