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HomeMy Public PortalAbout1988-11-15 Regular Meeting179 COUNCIL MINUTES NOVEMBER 15, 1988 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, November 15, 1988 at Village Hall. The meeting was called to order at 9:30 a.m. by Mayor Richard H. Olsen and the roll was called. Those present were: Also present: Mayor Richard H. Olsen Asst. Mayor Estelle Stern Councilman Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplinl Richard J. Weiss, Village Attorney Carole S. Morris, Village Clerk/Acting Village Manager As a quorum was found to be present the meeting was commenced. II. Approval of Minutes: A motion was offered by Mrs. Stern and seconded by Mr. Boggess to waive the reading and approve the minutes of the October 18, 1988 Regular Meeting as submitted. There being no changes or corrections the motion carried and the minutes were approved as submitted (4-0). III. Presentations: None. IV. Public Hearing: (Please note that the variance applications were considered in reverse -order of the agenda). A request by the owners of property located at lot 7 and south 100' lot 8 - Ocean Front District, otherwise known as 9909 Collins Avenue (Sea View) for a variance of Section 15.5.f of the Bal Harbour Village Code to permit placement of a non -conforming sign at the entrance of the property. Larry Cliff, Manager of the Sea View introduced Mike Gatti, owner of Gatti's Restaurant, which recently opened in the hotel. Mr. Gatti displayed a photo of the sign which he is requesting, the sign would be affixed to the existing entrance marker. Mr. Blank spoke in favor of the applicant, noting the quality and character of the restaurant. Mr. Taplin opposed the application as it would probably precipitate numerous other requests by adjoining property owners. Mrs. Morris added that the existing signs are owned and maintained by the Village. Dan Paul, attorney for the applicant, and the Village Attorney differed as to the need for a variance. A motion was offered by Mrs. Stern and seconded by Mr. Taplin to deny the variance. The motion carried unanimously and the variance was denied (5-0). 1Mr. Taplin arrived following the commencement of the meeting, during discussion of the variance applications. 1S0 RESOLUTION NO. 373 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA DENYING NON-USE VARIANCE OF SECTION 15.5f OF THE BAL HARBOUR VILLAGE CODE PERTAINING TO PROPERTY LOCATED AT 9909 COLLINS AVENUE (LOT 7 AND SOUTH 100' OF LOT 8 - OCEAN FRONT DISTRICT); PROVIDING FOR AN EFFECTIVE DATE. A request by the owner of property located at north 100' of lot 8 and all of lot 9 - Ocean Front district, otherwise known as 9999 Collins Avenue (Bal Harbour Tower) for a variance of Bal Harbour Village Code, Appendix A, Section 6-9.m.2. such that the exterior wall of the principle structure will be set back 5' from the exterior wall rather than the 20' required by Code was then considered. As adequate materials to evaluate this application had not been received, it was recommended that this application be deferred until a later date and readvertised at that time. A motion to defer consideration of this request was offered by Mr. Taplin and seconded by Mr. Boggess. The motion carried unanimously (5-0). V. Ordinances: None. VI. Resolutions: A resolution was read by title by the Mayor adopting certain portions of the Metropolitan Dade County Code relative to sewer usage. At the request of the Mr. Weiss, the resolution was amended to specify the sections being adopted. Mr. Weiss read the amended resolution in full. A motion to adopt the resolution, as amended, was offered by Mrs. Stern and seconded by Mr. Taplin. The motion carried unanimously (5-0). RESOLUTION NO. 374 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA ADOPTING SECTIONS 32.1 THROUGH 32.4, 24-5 AND 24-11 OF METROPOLITAN DADE COUNTY'S CODE; PROVIDING FOR AN EFFECTIVE DATE. VII. Reports and Recommendations - Mayor and Council: None. VII. Reports and Recommendations - Village Attorney: Mr. Weiss reported that he has reached a tentative settlement with Louise K. Miller's attorneys. This settlement would provide for payment, to Miller, of one month's severance pay. Mayor Olsen noted that Mrs. Miller has filed, and been granted unemployment compensation. The Village is contesting this claim. A motion was offered by Mr. Taplin and seconded by Mrs. Stern to accept the proposed settlement of one month's severance pay but to continue to contest the unemployment claim. The motion carried unanimously (5-0). VII. Reports and Recommendations - Village Manager: Mrs. 11/15/88 Regular Meeting 2 181 Morris reported that she had begun searching for a Village Clerk. It was agreed that she would recommend three candidates and submit them to Council for final determination. Landscape Architect Bill O'Leary was then recognized. Mrs. Morris explained that Mr. O'Leary had some preliminary designs for them to review relative to development of the Sun Bank median, two drawings, one featuring a sculpture and one featuring a fountain were displayed. Mr. Boggess suggested shrubbery, with perhaps some flagpoles atop the pumpstation would provide a nice effect. In response to questions from the Council, Sidney Feldman (9801 Collins Avenue) estimated that a sculpture from a top artist could run $150,000 or more. Concern wa also expressed that a fountain would wet passerby due to the wind in the area. It was directed that Mr. O'leary should redesign the area keeping these factors in mind. Design revisions will be considered at the next meeting. Mrs. Morris noted that a request has been received that the Village again participate in the "Run for Hope" - a 10K race benefitting the Hope School. A motion was offered by Mr. Taplin and seconded by Mr. Blank to approve this participation. The motion carried unanimously (5-0). Mrs. Morris announced that at their previous meeting, the Resort Tax Committee had voted to stand by their prior recommendation that the service agreement with Eleanor Miller be terminated. Mayor Olsen recommended the matter be deferred 60 days until competitive bids could be obtained. Herb Kaplan, of the Sheraton Bal Harbour, distributed copies of a proposal from Garber & Goodman and called on the Council to approve the proposal. Mrs. Morris explained that, in view of the amount of public funds involved, formal bids should be received. After some further discussion, a motion was offered by Mrs. Stern and seconded by Mr. Boggess that Mrs. Miller be given 45 days notice of termination of her service agreement and formal bids be obtained with the Resort Tax Committee making a recommendation to the Council at their next meeting. The motion carried unanimously (5-0). Mrs. Morris reported that a grant from the Florida Inland Navigation District for restoration of the sea wall adjacent to the public works compound. Estimates from engineers are being obtained. Mrs. Morris reported that the Collins Avenue median lighting project is proceeding. Fixtures should be arriving shortly. Finally, Mrs. Morris requested the Council authorize her to proceed with repairs to Bal Cross Drive as it was damaged by a contractor working in the Village. Legal remedy will be used, if required, to obtain reimbursement. A motion to authorize these 11/15/88 Regular Meeting 3 182 repairs was offered by Mrs. Stern and seconded by Mr. Blank. The motion carried unanimously (5-0). VIII. Other Business: None. IX. Adjourn: A motion was offered by Mrs. Stern and seconded by Mr. Taplin to adjourn. The motion carried and the meeting adjourned at 11:25 p.m. Mayor ATTEST: V'llage Clerk 11/15/88 Regular Meeting 4