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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." 17 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