HomeMy Public PortalAbout1987-01-27 Regular MeetingCOUNCIL MINUTES
January 27, 1987
The regular monthly meeting of the Bal Harbour Village Council
was held on Tuesday, January 27, 1987, at the Village Hall. The meet-
ing was called to order at 9:30 A.M. by Mayor John S. Sherman. The roll
was called and those present were:
Also present:
Mayor John S. Sherman
Asst. Mayor Sol Taplin
Councilwoman Estelle Antiles
Councilman George Laikin
Councilman C. B. "Burt" McKeehan*
Louise K. Miller,
Gerald Heffernan,
Carole S. Morris,
Village Manager
(representing Richard J. Weiss) Village
Attorney
Village Clerk
Approval of Minutes: A motion was offered by Mrs. Antiles to approve
the minutes of the December 9th regular meeting and the January 16th
workshop meeting as submitted and seconded by Mr. Laikin. There being
no additions or corrections the motion carried unanimously. (5-0)
Presentations - Officer of the Month: Mayor Sherman read a memo, sub-
mitted by Police Chief Robert Baquero, naming Officers Kenneth Klingman
and M. Scott Higginbotham as Officers of the Month. They were recognized
for their efforts which resulted in the saving of an elderly woman's life.
Chief Baquero presented each of the Officers with a plaque and Mayor
Sherman presented each Officer a check in the amount of $100 as recog-
nition of their achievements.
Public Hearing - Variance Requests 9929 Collins Avenue, Bal Barbour
Park, (former Beau Rivage property): As much speculation has uncured.
in the community, Mayor Sherman requested that each councilmembcr divulge
the nature of their involvement with this project - past, present and
future. Mr. Taplin stated that he has no financial interest in this
project. His involvement with this project is because he believes it
to be in the best interest of the Village. Mrs. Antiles also stated
that she has no financial interest in the project. Mr. Laikin and Mr.
McKeehan both stated no financial interest in the project and expressed
outrage at the innuendos and the doubts of the integrity of the Council.
Mayor Sherman stated he has no interests in the project.
Mayor Sherman outlined the variance requests before the Council. The
applicant has reduced the original height request from 26 floors or 275 feet
to 24 floors or 255 feet. Variances are also being requested for the
side setback. The original application requested 40' for each side setback
but was amended during the meeting to 55' each side setback. Mayor Sherman
then introduced Dean Thomas Regan of the University of Miami School of
Architecture. Dean Regan had been retained by the Village to compare the
shadow impact and aesthetic impact of the proposed building and the buildable
envelope (the building which may be built on the site without any variance
requests). The lights were dimmed and Dean Regan began his slide present-
ation. Dean Regan concluded that the shadow impact of the proposed building_
* Mr. McKeehan arrived during approval of the minutes.
was not significantly different than the buildable envelope. Aesthet-
ically, Dean Regan noted that the height was offset by the distance
the building is set back from Collins Avenue. The side setbacks were
determined to be negative when compared to the buildable envelope as
it contributes to the "canyon effect". Dean Regan further noted that
the current zoning code would create a canyon effect and recommended
review of this portion of the code. (The full text of Dean Regan's report
is on file in the Village Clerk's Office).
Mayor Sherman then introduced Dean Anthony J. Catanese of the Univer-
sity of Florida School of Architecture. Dean Cantanese was retained
by the Village, in addition to Dean Regan, to review the requested
variances° Dean Catanese made 4 major points in his recommendation,
they were as follow. First, that Bal Harbour Park is an important
development - the height and bulk of building are "interesting."
"Secondly, the Dean expressed concern that granting the height variance
requested might set a dangerous precedent. The front setback does
soften the effect of the height. A compromise of 22 floors or 235 feet
was suggested. Third, Dean Catanese called the requested side setback
variance "quite inappropriate". He cited concerns over setting a prece-
dent and called the side setbacks required by the Code "reasonable."
Finally, he urged a review of the existing zoning code. (A copy of Dean
Catanese's report is on file with the Village Clerk).
Mayor Sherman then recognized Ralph Cades who read the recommendation of the Architectural Review Board's recommendation. The Board found
the height request (of 24 floors) acceptable as the height of the build-
ing is off -set by the large front setback. However, the Board recommended
that the side setback variance requests be denied and the integrity of
side setbacks maintained. (A copy of this recommendation is on file in
the Clerk's Office).
Mayor Sherman recognized Cal Kovens, developer of the property. Mr.
Kovens expressed his desire to reacha conclusion regarding the variances
at this meeting. Mr. Kovens stated that the large front setback would
prevent the canyon effect and emphasized his desire to work with the
Village to construct this building - as evidence of this he noted the
reduction of height to 24 floors. He introduced Taft Bradshaw, land-
scape architect, who displayed a rendering of the landscaping planned
for the front of the building. Moreover, Mr. Kovens pointed to the ex-
isting code saying that it 'penalizes" a 300' lot owner by requiring
larger side setbacks than for a 200' lot. Mr. Kovens amended his variance
request further to provide 55' side setbacks.
The meeting was then opened to a public hearing. Edith Cooper, rep-
resenting Joseph Hart of 182 Bal Bay Drive, spoke against the requested
variances. John Bruno, 50 Park Drive, also spoke against the requested
variances urging that the required setbacks be maintained. WilliamiWhitman,
189,Ba1 Bay Drive; spoke in favor of the Bal Harbour Park proposal.
Sam Rosenfeld, 10155 Collins Avenue, spoke in favor of the request noting
the lower density of the proposal to that which could be constructed.
Ralph Merte, President of the Plaza of Bal Harbour Condominium Association,
spoke in favor of the request citing the large front setback, lower den-
sity, and overall quality of the building. Rosemary Chait, manager of
the Carlton Terrace, urged a review of the zoning for this area. Morris
Kaserly, of the Plaza of Bal Harbour, also spoke in favor of the request.
Chuck Merwitzer, 10155 Collins Avenue, spoke in favor of the requested
variance nutting that it would increase the value of neighboring buildings.
Ralph Cades, Chairman of the Beautification Committee, noted that
the Committee had not reviewed this request but spoke in favor of
the proposal as it would be "beautiful."
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Ed Shapiro, 10155 Collins Avenue, also spoke in favor of the request noting
the positive effect on area property values and the lower density of the
proposed building. Barry O'Keefer, Sea View resident, opposed the request
as too high and called on the Council to maintain the required side setbacks.
Joseph Douglas, representing property owners,absent,also spoke in
opposition to the variance requests. Dan Paul, attorney'representing
the Sea View Hotel residents, objected to the Council's consideration
of the variance requests as no hardship exists. Mr. Heffernan replied
that it would be proper for the Council to consider the application,
at a later date, the courts may be called to rule upon the existence
of a hardship Dean Regan reouffed numerous questions as to the acceptable
size of side setbacks returning to the scope of his study. The public
hearing was then closed.
Mayor Sherman requested the opinion of the Village 1dministratdon. Mrs.
Miller called the project "outstanding." Further she spoke in favor
of the variance requests noting that the application, as amended, rep-
resents a compromise. She suggested that Council also consider a
building moratorium pending review of the ocean front portion of the
building code. A motion was offered by Mr. Taplin approving the re-
quested variances of 24 floors or 255' high and 55' side setbacks and
seconded by Mrs. Antiles. The question was called and the motion carried
unanimously (5 -Ol becoming
RESOLUTION NO. 324
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING NON-USE
VARIANCE OF SIDE SETBACKS FROM 135 FEET WIDTH OF BUILDING
(OR 82.5 FEET BEACH SIDE SET BACK) TO 110 FEET WIDTH OF
BUILDING (OR 55 FEET EACH SIDE SETBACK) AND APPROVING NON-USE
VARIANCE OF BUILDING HEIGHT FROM 17 STORIES TO 24 STORIES
PERTAINING TO PROPERTY LOCATED AT 9929 COLLINS AVENUE; PROVIDING
AN EFFECTIVE DATE.
As:both .Dean Regan and Dean Gatanese,hadfrecommeadediThe Pillage
pursue a review of its zoning code, Mayor Sherman looked to the Council
for a decision on this issue. Mr. McKeehan offered a motion that the
Village proceed with such a review and this motion was seconded by
Mrs. Antiles. There being no discussion the motion carried unanimously.
The Council took a ten minute recess, adjourning at 12:10 P.M.
Public Hearing - Variance Request 9700 Collins Avenue (Bal Harbour Shops,
Saks Fifth Avenue): Mrs. Miller explained that a variance request has
been filed by the Bal Harbour Shops. They wish to construct an addition
to Saks Fifth Avenue which will extend some 97.3feet towards Collins
Avenue. This expansion will require a side setback variance similar
to the one they had previously received for the store. The expansion
will have a facade like the existing structure. After administrative
review, Mrs. Miller is recommending approval of the request contingent
upon a contribution by the Shops to assist in financing additional
landscaping along 96th Street.
Mr. John Squitero of Katz Barron et al, as attorney for the Shops,
then began their presentation. He introduced Mr. Richard Johnson
(Johnson Associates) architect of the plan. Mr. Johnson displayed for
the Council a model of the proposed expansion. Additionally, Mr. Taet
Bradshaw, landscape architect, presented drawings of the proposed land-
scaping. Mr. Bradshaw and Mr. O'Leary (the Village's landscape
18
architect) have met and collaborated on the plan for 96th Street. After
some discussion, Mr. Stanley Whitman agreed to a contribution of $22,000
towards this landscaping. Mr. Squitero noted that a traffic study com-
pleted by Miles Moss and Associates had been submitted. Mrs. Miller
confirmed that, indeed, this study had been received and would be for-
warded to the Village's traffic engineer for approval. Any decision
regarding this variance application should be made upon Plummer's
approval of the traffic study. The public hearing on this variance
was then opened. As there were no comments regarding the traffic
study or the variance application the public hearing was closed. A
motion was offered by Mr. McKeehan to approve the side setback variance
contingent upon a contribution of $22,000 toward the cost of landscaping
on 96th Street -and seconded by Mrs. Antiles. As there was no further
discussion, the motion carried unopposed (5-0). A motion was then
offered by Mrs. Antiles to accept the traffic study, pending Mr.
Plummer's approval, and seconded by Mr. Taplin. As there was no dis-
cussion, the motion carried unanimously (5-0).
RESOLUTION NO. 325
RESOLUTION APPROVING NON-USE VARIANCE OF APPENDIX A, SECTION
6-10 (d) PERTAINING TO PROPERTY LOCATED AT 9700 COLLINS AVENUE
SAKS FIFTH AVENUE (SEE EXHIBIT "A" ATTACHED) AND PROVIDING AN
EFFECTIVE DATE.
Quarterly Financial Statements: Finance Officer John Kelly reported
that, overall, the Village financial status for the first quarter is
quite good. Property tax proceeds have been received earlier this year -
with 70% of these taxes already collected. Mr. McKeehan expressed
displeasure with the current system of billing residents for solid waste
disposal. Mr. Kelly noted that this system is currently under review,
changes are anticipated for the coming budget year.
Building Bond - Update: Mayor Sherman addressed the need for some
type of assurance that new construction will be completed in a timely
manner. He suggested that one way to acheive this would be to have the
Village named as a party to a completion bond similar to the bond al-
ready required by many lenders. While this ordinance is still in the
preliminary stages, if enacted, Bal Harbour would be the first munici-
pality to have such a requirement. This ordinance may well be ready
in time for the February Council meeting or certainly no later than
March.
Approval of Expenditure - Vita Course Installation: Mrs. Miller
fequested that the Council approve an expenditure of $3,100
to Richard Casey for installation of the Vita Course (along the jogging
path). A motion to approve this expenditure was offered by Mr. Laikin
and seconded by Mrs. Antiles. There being no discussion the motion
carried unanimously (5-0). Mayor Sherman then updated the Council on
the status of repairs to the jogging path. These repairs were required
because of the damages done by an extremely rare high tide. The path
will be resealed and a 2" border added to prevent such a recurrence.
Resolution - Mini -Park: Mrs. Miller requested that the Council adopt
a resolution to allow the Village to proceed with the mini -park, adjacent
19
to the Sun Bank property. Specifically, this resolution allows the
Village Manager to accept title to this property from the Department
of Transportation. A motion was offered by Mr. Taplin to adopt this
Resolution and seconded by Mrs. Antiles. There being no further dis-
cussion the motion carried unanimously becoming:
RESOLUTION NO. 326
RESOLUTION OF BAL HARBOUR VILLAGE REQUESTING THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION TO CONVEY LAND TO THE VILLAGE FOR
USE AS A MINI -PARK; AUTHORIZING THE VILLAGE MANAGER TO ACCEPT
CONVEYANCE OF SAID LAND FROM THE DEPARTMENT OF TRANSPORTATION; PRO-
VIDING FOR AN EFFECTIVE DATE.
Ordinances - First Reading: An ordinance was presented to increase
parking meter fees at the Haulover lot. The ordinance was read by
title by the Village Clerk. A motion was offered by Mr. McKeehan to
enact this ordinance and seconded by Mr. Taplin. There being no discussion,
the motion carried unanimously (5-0) becoming:
ORDINANCE OF BAL HARBOUR VILLAGE AMENDING SECTION 19-4 OF THE
BAL HARBOUR VILLAGE CODE TO CHANGE THE PARKING METER RATE AT LOT
NUMBER 3, UNDER tBAKER'SHAULOVER BRIDGE, FROM TWO HOURS FOR $0.25
TO ONE HOUR $0.25; PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE, AND AN EFFECTIVE DATE.
An ordinance was read, by title, by the Village Clerk which would
make the following revisions in the Village employees pension program:
prohibit lump sum payments over $3,500 to employees hired after
January 29, 1985 and to allow the return of excess Village contributions
to the Village. This ordinance has previously been approved by the
Pension Committee. A motion to enact this ordinance was offered by
Mr. McKeehan and seconded by Mrs. Antiles. There being no discussion
the motion carried unanimously (5-0) becoming:
ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA AMENDING SECTION
13-18(8) OF THE BAL HARBOUR VILLAGE CODE TO PROHIBIT LUMP SUM
PAYMENTS OVER $3,500 TO EMPLOYEES HIRED AFTER JANUARY 29, 1985;
AMENDING SECTIONS 13-26(1), 13-26(4), AND 13-29(8) OF THE BAL
HARBOUR VILLAGE CODE TO ALLOW EXCESS PORTIONS ATTRIBUTABLE TO
VILLAGE CONTRIBUTIONS TO BE RETURNED TO THE VILLAGE; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
An ordinance was read, by title, by the Village Clerk which would
repeal the Village's requirements for registration of employees. This
is being recommended in order to comply with State Law. A motion to
enact this ordinance was offered by Mr. Taplin and seconded by Mr.
McKeehan. There being no discussion the motion carried unanimously
(5-0) becoming:
ORDINANCE OF BAL HARBOUR VILLAGE REPEALING SECTION 12-25 OF THE
BAL HARBOUR VILLAGE CODE WHICH PROVIDED FOR REGISTRATION OF EM-
PLOYEES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE.
18
architect) have met and collaborated on the plan for 96th Street. After
some discussion, Mr. Stanley Whitman agreed to a contribution of $22,000
towards this landscaping. Mr. Squitero noted that a traffic study com-
pleted by Miles Moss and Associates had been submitted. Mrs. Miller
confirmed that, indeed, this study had been received and would be for-
warded to the Village's traffic engineer for approval. Any decision
regarding this variance application should be made upon Plummer's
approval of the traffic study. The public hearing on this variance
was then opened. As there were no comments regarding the traffic
study or the variance application the public hearing was closed. A
motion was offered by Mr. McKeehan to approve the side setback variance
contingent upon a contribution of $22,000 toward the cost of landscaping
on 96th Street -and seconded by Mrs. Antiles. Fs there was no further
discussion, the motion carried unopposed (5-0). A motion was then
offered by Mrs. Antiles to accept the traffic study, pending Mr.
Plummer's approval, and seconded by Mr. Taplin. As there was no dis-
cussion, the motion carried unanimously (5-0).
RESOLUTION NO. 325
RESOLUTION APPROVING NON-USE VARIANCE OF APPENDIX A, SECTION
6-10 (d) PERTAINING TO PROPERTY LOCATED AT 9700 COLLINS AVENUE
SAKS FIFTH AVENUE (SEE EXHIBIT "A" ATTACHED) ,AND PROVIDING AN
EFFECTIVE DATE.
Quarterly Financial Statements: Finance Officer John Kelly reported
that, overall, the Village financial status for the first quarter is
quite good. Property tax proceeds have been received earlier this year -
with 70% of these taxes already collected. Mr. McKeehan expressed
displeasure with the current system of billing residents for solid waste
disposal. Mr. Kelly noted that this system is currently under review,
changes are anticipated for the coming budget year.
Building Bond - Update: Mayor Sherman addressed the need for some
type of assurance that new construction will be completed in a timely
manner. He suggested that one way to acheive this would be to have the
Village named as a party to a completion bond similar to the bond al-
ready required by many lenders. While this ordinance is still in the
preliminary stages, if enacted, Bal Harbour would be the first munici-
pality to have such a requirement. This ordinance may well be ready
in time for the February Council meeting or certainly no later than
March.
Approval of Expenditure - Vita Course Installation: Mrs. Miller
requested that the Council approve an expenditure of $3,100
to Richard Casey for installation of the Vita Course (along the jogging
path). A motion to approve this expenditure was offered by Mr. Laikin
and seconded by Mrs. Antiles. There being no discussion the motion
carried unanimously (5-0). Mayor Sherman then updated the Council on
the status of repairs to the jogging path. These repairs were required
because of the damages done by an extremely rare high tide. The path
will be resealed and a 2" border added to prevent such a recurrence.
Resolution - Mini -Park: Mrs. Miller requested that the Council adopt
a resolution to allow the Village to proceed with the mini -park, adjacent
20
An ordinance was read, by title, by the Village Clerk which would
provide for exclusive solid waste collection by the Village. Mrs.
Miller explained that this ordinance is being recommended to avoid
problems that might occur with a proliferation of vendors. A motion
was offered by Mr. Laikin to enact this ordinance and seconded by
Mrs. Antiles. There being no discussion the motion carried unopposed
(5-0) becoming:
ORDINANCE OF BAL HARBOUR VILLAGE PROVIDING FOR EXCLUSIVE SOLID
WASTE COLLECTION BY THE VILLAGE; PROVIDING FOR SEVERABILITY, IN-
CLUSION IN THE CODE AND AN EFFECTIVE DATE.
An ordinance increasing the variance application fee was tabled
in order to allow a survey of other communities fees.
As there was no further business to come before the Council, the
meeting adjourned at 1:40 P.M.
ATTEST:
Village Clerk
Mayor John S. Sherman