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HomeMy Public PortalAbout1989-01-17 Regular Meeting197 COUNCIL MINUTES JANUARY 17, 1989 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, January 17, 1989 in the 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: Mayor Richard H. Olsen Asst. Mayor Estelle Stern Councilman Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplin Also Present: Richard J. Weiss, Village Attorney Carole-S. Morris, Village Manager, Marilyn Kreger, Village Clerk As a quorum was found to be present the meeting was commenced. II. APPROVAL OF MINUTES; Asst. Mayor Stern moved and C/M Blank seconded that the reading of the minutes be waived and the minutes be approved as submitted. The motion passed unanimously. III. PRESENTATIONS• OFFICER OF THE YEAR - DET. HERNAN CARDENO. Police Chief Baquero presented his and the departments reasons for Det. Cardeno to be selected Officer of the Year. He said the men voted among themselves and selected Det. Cardeno. After Det. Cardeno was introduced, Mayor Olsen presented Det. Cardeno with a plaque and number of awards on behalf of the Village. Chief Baquero also introduced John Sanchez who just joined the department from the New York City Police Dept. Village Manager, Carole Morris announced that Syd Weinstock secretary in the Police Dept for 25 years, submitted her resignation effective Friday, January 20th. She wished Syd happiness and good luck on behalf of everyone in the Village. IV. PUBLIC HEARINGS: Continued from December 20 1988 meeting. Alan Gold, attorney for the applicant, reviewed the discussion from the December 20th meeting. He represents the Marlins, the applicant, although it is filed in the name of the project owner, Kovens Enterprises. At the last meeting, it was suggested by Council that he meet with the Village staff and attorney to work out various issues. The primary issue is whether the proposal is a penthouse, as defined in the Village Code as compared to a solarium. He said the Building Official, George Desharnais, after considerable research, determined that if this was a penthouse, the village would require a variance to add an additional story in height. At that point, time had run out for the applicant to submit a new variance application for the January 17th meeting. He, therefore, is now requesting a continuance to allow time to file an application for a variance of height. and story requirement on the penthouse question. Secondly, the applicant is requesting Council consideration to amend the Code, as relates to the Ocean Front District, to allow that penthouses be used for recreational purposes as compared to permanent living quarters to be excluded from the definition of story as it is for mechanical equipment or other common area purposes and to be excluded from the definition of height. Mr. Gold also suggested a further limitation of what is in both the South Florida Building Code and Village Code that if the building structure of the penthouse does not exceed two thirds (2/3) of the square footage of the area below used for residential purposes, then that would be a permissable exclusion from story as well. C/M Taplin expressed confusion as to why a variance was needed since the same amenities presently exist on 14oth the Sheraton Hotel and the Harbour House. George Desharnais responded by saying that no village law existed at the time such amenities were constructed on those buildings. He said that the Code was. amended in 1978 whereby penthouses would be considered in determining both the -.,height and number of stories of a building. Since this provision is more restrictive than the South Florida Building Code, it takes r precedence. The Building Official directed Council's attention to the site plan of the roof outlining the various amenities proposed. He described the area where a solarium is allowed, the same being the mechanical equipment area, as long as it is setback 25 feet from the edge of the building. The Village Attorney and he agreed that the pool does"riot need a variance as long as the applicant secures approval from the State, submit engineered plans under Chapter 23 of the South Florida Building Code to be reviewed and approved by the village consulting engineer, Ludivici and Orange. At C/M Boggess's request, Mr. Desharnais read those sections of the village Code wherein definitions of height of a building and a penthouse are addressed. Based on those definitions, it is his opinion that either the Council didn't want penthouses or a variance would be required to build one. It is considered an extra floor. Richard Weiss, Village Attorney, stated that both he and Mr. Desharnais agree that based on the way the current Code is written a variance is required because a penthouse is considered January 17, 1989 Reg. Mtg. 2 199 a story and therefore considered in height measurement. The enclosed area could not be considered a solarium because it is not attached to the equipment area. The only condition under which a variance would not be required is if the "solarium" is attached to the mechanical equipment room and was set back at least 25 feet. Mr. Al Pallot, attorney for the Regency Hotel, was recognized to speak. He reviewed the litigation and subsequent agreement with the Sea View Hotel to place all the "bad" amenities on the north side of the building. It is his feeling that the addition of this new construction would block the sun from the Regency to the detriment of its guests; and all citizens should be treated equally. Mr. Pallot quoted the Code in determining the criteria on which the Council makes its decision with respect to variances. Mr. Pallot made the point that the applicant does.not have anon -self imposed hardship. Mayor Olsen pointed out that Mr. Pallot's comments were premature because the request under consideration is whether or not to extend the continuance. He further stated that the Regency could have joined in the litigation between the Sea View and the Kovens Enterprises. That by not joining in the litigation, the Regency may have waived its rights in the matter. Mayor Olsen directed the Council that after much discussion, it is time to decide what action it wishes to take. Mr. Desharnais added that if Council decides to amend the Code, it would be his recommendation to change the definition of the height of a building to say that the height of a building would be measured from the grade to the highest part of that structure. In response to question from C/M Boggess, the Building Official stated that the elevator shaft is not considered in determining the height of the building. Further, the roof is considered a common element and, under the Condominium documents, the developer has the right to do whatever they want with it. After clarification by Mayor Olsen and Attorney Weiss, C/M Boggess moved and C/M Blank seconded that the applicant be permitted to submit a new application for variance. The motion was expanded to include that the Village Attorney and Building Official review the request to amend the Code as relates to the definition of a penthouse. There being no further discussion, the question was called with a unanimous vote in favor of the motion. V. ORDINANCES• A. Second Reading - Public Hearing The Village Attorney introduced this item by stating that language was added that "all support structures be hot dipped galvanized steel" at the January 17, 1989 Reg. Mtg. 3 200 recommendation of an expert in this field. In addition, the second change recommended regarding fees was not included because it was determined the cost of the installation permit fee would more than compensate the village for any costs incurred. The village clerk read the ordinance by title on final reading. There being no discussion, C/M Boggess moved that the ordinance be adopted on second reading, seconded by Asst. Mayor Stern. The vote was unanimous in favor of the ordinance, the same being: ORDINANCE NO. 326 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA REGULATING ALL SATELLITE DISH ANTENNAS; REQUIRING A PERMIT FOR THESE STRUCTURES; REQUIRING COMPLIANCE WITH REGULATIONS; REQUIRING THAT -PLANS AND SPECIFICATIONS BE SUBMITTED WITH THE APPLICATION FOR THE PERMIT; PROVIDING REQUIREMENTS FOR THE PLANS AND SPECIFICATIONS; PROVIDING FOR A SET OF STANDARDS REGULATING THE LOCATION, HEIGHT, WIDTH, SETBACK, COLOR, LANDSCAPING, GROUND COVERAGE AND INSPECTION OF THE ANTENNAS; PROVIDING FOR A FEE; NOT PERMITTING SIGNAGE TO BE ATTACHED TO THE ANTENNAS; PROVIDING FOR A MECHANISM TO REQUEST VARIANCE FROM THE TERMS OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE; AND AN EFFECTIVE DATE. The Village Clerk read the ordinance to change the -parking meter rate at lot 3 by title on second reading. There being no discussion, C/M Taplin moved the ordinance be adopted on second reading, seconded by Asst. Mayor Stern. Clarification was given as to the fines that may ,be imposed. The fine is $10.00 and tickets are issued on County tickets. The, question was called and the ordinance was adopted unanimously. ORDINANCE NO. 327 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 BAKER'S HAULOVER BRIDGE, FROM ONE HOUR FOR $0.25 TO 15 MINUTES FOR $0.25; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. B. FIRST READING The Village Clerk read the ordinance amending the Code January 17, 1989 Reg. Mtg. 4 ME relating to decreasing the minimum setback requirements in certain residential zoning districts by title. Richard Weiss, Village Attorney, recalled that at the last meeting discussion was held regarding the reduction of setbacks along the water from 40 feet to 30 feet. It only affects the properties along the bay and Indian Creek. C/M Boggess stated that this ordinance was drafted at his request to introduce discussion because there seemed to be some interest in favor of it. It was given to the Building Official to review as well. George Desharnais, Building Official, stated that he did a survey of other municipalities to see what they are doing. Based on that survey, his opinion is that unless an alternate method of securing tiebacks, he could not issue a permit. He said the village would be endangered - the land, seawall - any additional load put on top of the earth that is being held back by the seawall would endanger its integrity. Mr. Desharnais stated that the village has a similar problem in that the large garbage trucks are pounding the seawall which has caused a deterioration. The village has acquired a state grant to rebuild using the batter pile method with a wider cap which will hold it up and then the tie backs can be cut. C/M Blank questioned how Bal Harbour can be compared to Coral Gables as was done in Mr. Desharnais recommendation. He said that in doing his own study he spoke with the Surfside Building Dept. who said their Code has only a 20 foot setback requirement for both Biscayne Bay and Indian Creek. Mr. Desharnais said that they also require an engineering report on what would be done with the tiebacks. He added that 500 feet of seawall failed and fell into the water. In response to a question by C/M Blank regarding the integrity of the Bal Harbour seawall, Mrs. Morris stated that the administration is in the process of addressing the problem. The Village received a grant from the Florida Inland Navigation District to repair the seawall along Village property. She added that if the Council wishes to allow construction within 30 feet, certain parameter should be set up to protect the seawall prior to construction. This was not done prior to permitting pools which resulted in problems beginning with the first application. The city attorney is preparing an ordinance which provide safeguards in this area. Richard Weiss, attorney, stated that legally the council could go with either an ordinance to set guidelines or variances. Currently, the Code allows the construction of pools in the setback. However, it has created problems. The city engineer January 17, 1989 Reg. Mtg. 5 202 designed a method to tie the tiebacks to the pilings. C/M Boggess stated that while it was he that requested this ordinance because he felt there was a need, he can now believes it is in the best interest of the Village to not adopt the ordinance and he so moves. Asst. Mayor Stern seconded the motion. Mr. Santucci asked what course of action should he take to accomplish his goal of enlarging his house into the setback. The Building Official stated that he needs to have his engineer address the method of tieback the seawall. The issue of a hardship is a separate issue and must be addressed as well. There being no further discussion, the question was called. The motion to deny the ordinance passed unanimously. VI. RESOLUTIONS The Village Clerk read the Resolution by title placing a straw poll on the April 4, 1989 ballot. The City Attorne3j stated that the Resolution was prepared at the request of the Council. The Resolution provides a straw poll for single member districts and limiting the number of times a councilperson may serve as Mayor within a 10 year period. C/M Taplin and C/M Boggess both expressed opposition to the issue of limiting the number of times a councilperson may serve as Mayor. Asst. Mayor Stern felt if one portion is removed the entire Resolution should be eliminated. Mayor Olsen felt that the single member district issue should go to the voters. Mr. Bob Maute, 9800 Collins Avenue, feels the issue should go to the voters. Further discussion was held both pro and con on single members districts. C/M Taplin favored the issue be put on the ballot, C/M Blank expressed opposition. Asst. Mayor Stern moved to the deny the Resolution, seconded by C/M Blank. The motion passed unanimously to deny the Resolution. The Village Clerk read the Resolution relating to a "FUNDS TRANSFER AGREEMENT" by title. The Village Manager presented this item by stating that this Resolution would empower herself and the Village Clerk to make wire transfers from Sun Bank to the State Board of Administration. This board operates an overnight money pool in which counties and cities are allowed to invest January 17, 1989 Reg. Mtg. 6 203 offering flexible, but higher interest rates. It is overnight money which means that if we need the money, it can be wired back within 24 hours. This method facilitates our investment capabilities. C/M Boggess moved and C/M Blank seconded that the Resolution be approved. The motion passed unanimously. RESOLUTION NO. 379 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A "FUNDS TRANSFER AGREEMENT" WITH THE SUN BANK, BAL HARBOUR OFFICE; PROVIDING FOR AN EFFECTIVE DATE. The Village Manager -introduced this item by explaining the sewer pumping station is in need of repair. There have been a number of difficulties, although it is functioning. The village has applied for a grant from the Department of Environmental Regulation to rehabilitate these facilities and have encountered problems with the application. The option at this point is to settle for an assurance of loan funds. In order to continue the negotiations, the village must conduct a "DEDICATED REVENUE HEARING" today. Certain statements must be made. First, the village understands that if it receives the funds, it would be as a loan which would be repaid. The amount of the loan is approximately $843,000.00 with interest at 4.66% for a maximum term of 20 years. The loan would be repaid from revenue derived from sewer use charges. This would have no effect on the rates since a loan repayment schedule has been built into the budget. If and when we are successful in rehabilitating the pumping stations, we estimate the operating and maintenance budget at $12,000.00 annually. If we are not successful in negotiations with the D.E.R., we are exploring other alternatives. C/M Blank asked if we have any other debt service at present to which Mayor Olsen and Mrs. Morris replied in the negative. There being no further discussion Ass't Mayor Stern moved and C/M Blank seconded that the Resolution be approved. The motion carried unanimously (5-0) thus becoming: RESOLUTION NO. 380 RESOLUTION OF BAL HARBOUR VILLAGE FLORIDA EXPRESSING ITS INTENT TO USE PROCEEDS FROM SEWER USE CHARGES TO REPAY LOAN FUNDS FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATION; January 17, 1989 Reg. Mtg. 7 204 PROVIDING AN EFFECTIVE DATE. VII. REPORTS AND RECOMMENDATIONS A. Mayor and Council - Mayor Olsen stated that the Council was remiss in addressing the matter of the Village Manager end of the year bonus at the December Council meeting. The Council should take action at this time. The Manager does not participate in the Christmas bonus program from resident contributions as does all other employees. C/M Taplin moved to approve a Christmas bonus in the amount of one weeks salary to the manager, seconded by Asst. Mayor Stern. The motion passed unanimously. Mayor Olsen asked -the Village Manager to explore the possibility of putting walkway lights along the jogging path. He would like a report addressing the cost and liability. He received several requests from users. ;.4 C/M Taplin asked about the fact that the lighting on the inlet bridge has been out for some time. Mrs. Morris stated that the lighting is maintained by Dade County who has had electrical problems resulting in an unsafe condition. They are going to have the lights rewired and should be turned on in approximately 3 months. B. Village Attorney - Stephen Weiss absence, the only item to signed settlement agreement from Louise Miller, which provides that in settlement of her claim. C. Village Manager - Helfman stated that in Mr. report is they received the the former Village ;Manager, she receive one months salary 1. Harland Bartholomew Zoning Amendments - The Village Manager reminded Council that they wanted to wait on a reevaluation until the Koven's project is topped out. What is Council's pleasure. Mayor Olsen and Asst Mayor Stern suggested it be deferred for one or two meetings and then incorporate all the issues that have come up since the item was first brought to them. Asst. Mayor Stern moved to defer the item for 2 months, seconded by C/M Boggess. The motion passed unanimously. 2. Gala Bal Harbour 189 Proposal - The Council has in its packet a proposal by the Manager and Enid Rosenthal of the Bal Harbour Shops setting forth a budget of approximately $118,450.00. It was suggested that the Gala be a bi-annual event January 17, 1989 Reg. Mtg. 8 205 due to cost and time needed to organize. Mrs. Morris stated that a decision would have to be made now in order to allow enough time to organize. Mr. Whitman, Bal Harbour Shops, stated that the shops derive no direct benefit from the function except community wide image enhancement. They do expend about $25,000.00 for in house services which they absorb. Further discussion was held regarding the benefits of having the Gala and how it would be funded. The Village Manager said the committee is exploring various avenues for additional sources of financing such as the airlines giving seats to transport the designers and assistants in exchange for advertising. Also the Sheraton would provide lodging at no cost. Mayor Olsen suggested that the stores be approached to underwrite one designer each and the designer would then -be present in that store for the public for a period of time. Y The University of Miami School of Medicine would be sponsoring the Gala. Everyone agreed it would be beneficial to have a well known celebrity as Master of Ceremonies. Asst. Mayor Stern said the Council and Committee would have to weigh whether it would be better to spend the money available on one spectacular event or on year round marketing. The Council indicated that it would favor the event if alternate funding could be found. C/M Boggess moved and Asst Mayor Stern seconded a motion to approve the proposal of an international designer Gala in December 1989 subject to presentation of a final budget by the Committee. The motion passed unanimously. 3. Zambelli Fireworks Proposal - Mrs. Morris stated that she received a proposal from the same fireworks company used in 1988. She stated that Council must make a decision by February 1st in order to receive a 5% discount and a 50% deposit must be made by that date as well. She recommended Council approve the proposal. With the understanding that a full 30 minutes be provided, Asst. Mayor Stern moved and C/M Boggess seconded that the proposal be accepted with funding to come from the Resort Tax Fund. The motion passed unanimously. 4. Louise Miller - Unemployment Claim Update - The Village Manager indicated that the Village lost the appeal on this issue and it was recommended to her that the Village not pursue the matter any further. No action was taken. 5. 96th Street Landscaping Amendment - Bill O'Leary, Landscape Architect, presented plans to revise the landscaping January 17, 1989 Reg. Mtg. 9 206 along 96th Street. Any dead trees would be replaced at no cost. The cost of the revisions would be $15,000.00 Mrs. Morris stated that the funding would come from the General Fund Surplus or build in the cost in next fiscal year's budget. Asst. Mayor Stern moved that the landscape plans be approved with the cost to come from the Resort Tax Fund not to exceed $15,000.00. C/M Taplin seconded the motion which was passed unanimously. Mr. O'Leary added that $15,000.00 is a good estimate of costs, there would be no cost for replacement of dead trees, however, there may be some additional cost for excavation of new holes and filling in old ones. There is room for negotiation however. 6. Quarterly Financial Report - The Village Manager stated that one item that may be -questioned is prepaid insurance. John Walker, Finance Officer, indicated his general satisfaction with the report. C/M Taplin queried why the capital outlays exceeded tithe 25% for the first quarter. Mrs. Morris responded that equipment has been purchased that represents a large portion of specific line items. VII. OTHER BUSINESS - C/M Taplin asked the Village Manager why the market value of securities as of October lst as reported by Northern Trust for the Pension Fund increased on $2,000 from $3,161,000 to $3,163,000 as of December 31st. The Manager was requested to check into it because it would seem impossible that the investment would only make $2,000 in 2 months. Mr. Maute, resident, commented on the appearance of the landscaping along 96th Street and Collins Avenue. There being no further business, C/M Taplin moved and C/M Blank seconded that the meeting be adjourned at 11:45 A.M. ATTEST: January 17, 1989 Reg. Mtg. 10