HomeMy Public PortalAbout1989-02-21 Regular MeetingCOUNCIL MINUTES
FEBRUARY 21, 1989 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village
Council was held on Tuesday, February 21, 1989 in the Village
Hall. The meeting was called to order at 9:35 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 P. Kreger, Village Clerk
Having a quorum present, Mayor Olsen called the first item.
II. APPROVAL OF MINUTES: JANUARY 17 1989 REGULAR MEETING:
Asst. Mayor Stern moved and C/M Taplin seconded a motion to
approve the minutes as prepared.
Vote Taken: All Voted Aye
III. PRESENTATIONS: Officer of the Month - Charles R.
Merrill: Police Chief Baquero presented his reasons for
selecting Officer Merrill as Officer of the Month. Officer
Merrill was given a $100.00 check in appreciation of his
outstanding performance.
VI. PUBLIC HEARING: A request by the owner of property
located at north 100 feet of lot 8 and all of lot 9 Ocean Front
District, otherwise known as 9999 Collins Avenue for a Variance
of Bal Harbour Village Code, Appendix A. Section 6-9m.1 through 3
to permit construction of a penthouse to exceed the maximum
height and number of stories permitted on the roof of the Bal
Harbour Tower Condominium, 9999 Collins Avenue.
Mayor Olsen called on the Village Clerk to read the request
into the record. Mayor Olsen called upon Mr. Alan Gold, attorney
for the Bal Harbour Towers and Robert Marlin petitioners, to
present the item. Mr. Gold indicated that the original
application for a solarium is herewith withdrawn which is being
replaced by the application for a penthouse. He also is
submitting a revision to the Village Code relating to uses
permitted and definitions of a penthouse as relates to recreation
purposes which could be incorporated into the recodification of
the Code.
Mr. Gold stated that his clients are seeking the variance
for the penthouse for recreational use not for permanent living
use which has the recommendation of the Village staff.
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The Building Official, George Desharnais, was called to
present the Village's position on this matter. Mr. Desharnais
stated that he researched many building codes from various states
and around Florida all of which he found to be very similar as
regards penthouses. The Building Official reviewed the
regulations in neighboring communities. He then informed the
Council that a study was done to determine if the additional
height of the building would create shadows on adjacent buildings
that would otherwise not be there. The findings were negative -
there is no detrimental effect on adjacent structures as a result
of the additional stories.
Mr. Desharnais addressed his comments to the proposed Code
revision suggested by Mr. Gold by saying it would take 2 to 3
months to amend the Code which he would not be in favor of at
this time. In response to a question of C/M Blank, the building
official clarified that the request is for an,adjustment to
permit an additional story to the building since the Code permits
a maximum of 17 stories. The penthouse is permitted, but this is
going up one more floor. The building official added that he
needs a decision of Council as soon as possible because the
building needs to be water tight for the drywall and he cannot
allow that until this issue is decided. The engineer is
reviewing the calculations for the pool, but only a portion of
the roof can be poured until the amenities are approved by all
appropriate agencies. This additional story on the north cannot
be seen from the street. This variance will not have an effect
on density limits or land coverage.
Mr. Gold indicated that a shadow study had been done as to
whether the additional 12 feet 6 inches would create any
additional shadow and the conclusion was that it does not. The
size of the structure is 2490 square feet. A letter written by
Larry Cohan of Robert M. Swedroe, Architects -Planners, was
introduced addressing the criteria for granting the variance.
(The letter is on file in the Village Clerks Office)
Mr. Al Pallot, attorney for the Regency Hotel, appeared to
state his client's objection to the variance. He reviewed the
recent history of the variances requested by this petitioner as
well as the builder's history of construction in the Village. He
stated that the variances granted for this project has injured
his client.
Further discussion was held regarding the shadow studies and
whether or not other parties would be injured as a result of
approval of this variance. Mr. Pallot closed by urging the
Council to vote against the variance request.
Mayor Olsen asked Richard Weiss, Village attorney, to give
an opinion relative to hardship. Mr. Weiss responded that the
normal standard for granting variances in Florida is the hardship
issue. In 1980 the Village Code was amended by modifying the
criteria of "hardship" to "practical difficulty" which issue has
Reg. Council Mtg. 2/21/89 2.
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not been litigated. It is his opinion, therefore, that hardship
does not apply in considering variances in the Village; that the
four criteria cited in Section 11-3 of the Code do apply. Mr.
Weiss and Mr. Pallot cited various cases in litigation to support
their individual positions.
C/M Blank addressed the request to amend the Code to provide
for a penthouse as long as it does not have an area that does not
exceed 25% of the area of the floor immediately below it. Mayor
Olsen clarified that request was made at the last Council meeting
at which time the Council said it would not consider at present.
In response to a question from C/M Taplin, Larry Cohan,
architect, stated that the penthouse building will contain a
gymnasium, an exercise room and one other large room not
specifically designated as yet along with shower and bathroom
facilities. There will -be no kitchen facilities, only recreation
use.
C/M Boggess stated that he went up to the roof of the
building to see what the proposal would look like. He commented
that the mechanical equipment building would appear to be much
higher than the penthouse building and therefore could see no
reason not to grant the request.
C/M Taplin concurred with C/M Boggess saying that since the
Sheraton Hotel, Bal Harbour 101 and the Harbour House all have
roof top health clubs, he could see no reason not to approve the
request.
C/M Boggess moved and Asst. Mayor Stern seconded to grant
the variance as it complies with the criteria of Appendix A,
Section 11-3 of the Bal Harbour Village Code. The pool area is
subject to further clarification of the Building Official.
Vote Taken: All Voted Aye Resolution No. 381 Passed
V. ORDINANCES - B. FIRST READING - The Village Clerk read
the title of an ordinance to amend Chapter 15 of the Code
relating to signs and address markers in the single family
residential area of the Village. Mrs. Morris, Village Manager,
brought the Council up to date stating that the Civic Association
has voiced concern of the lack of enforcement of codes. She
stated an area of particular concern is "for sale " or "for rent"
signs. The Code requires they be affixed to the building. It
has been found that this procedure causes damage to the building.
The property owners would prefer having a sign placed elsewhere
on the property with the same size constraints as is presently
required. This ordinance would accomplish that.
The Council
markers are not
would permit them
Reg. Council Mtg.
then discussed the address markers. Stand alone
presently permitted; however, this ordinance
as long as they are not placed in the easement.
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3.
The Village Attorney stated that the 66 inch size for real
estate signs is the current permitted size. The change is the
location of the sign. It was agreed to change the height to not
exceed 42 inches (in lieu of 30 inches) above the ground. The
sign may not be further than 10 feet from the structure.
C/M Taplin moved to approve this ordinance on first reading
as amended, seconded by Asst. Mayor Stern.
Vote Taken: All Voted Aye
This ordinance will be referred to the Civic Association for
their review prior to final reading.
V. B. FIRST READING: The Village Clerk read, by title, the
ordinance permitting "Florists" in the Oceanfront District. The
Village Manager explained that a new merchant who would like to
open in the Harbour House is requesting this ordinance. There
was a florist in that location previously who was operating
illegally.
Sandy Frederick, Assistant Manager of Harbour House,
introduced herself and asked the Council to pass this ordinance
on behalf of the residents of the Harbour House. The residents
have many amenities and the florist would be a desired addition
and would only be available for their use. The Harbour House
management did not know the previous florist did not have a
license. The new applicant is new and has no connection to the
former florist.
C/M Taplin indicated that he lives at the Harbour House and
feels this would be a favorable addition.
C/M Blank moved that this ordinance be approved on first
reading. The motion was seconded by Asst. Mayor Stern.
Vote Taken: All Voted Aye
VI. RESOLUTIONS - The Village Clerk read the title of a
Resolution authorizing the Village Manager to enter into an
agreement with Best Maintenance for Janitorial Service for
Village buildings. The Village Manager stated that pursuant to
the expiration date of the current contract, the administration
sought public competitive bids for this service. Only one
company submitted a bid that being Best Maintenance & Janitorial
Service for a fee of $14,340. which is less than the current
contract. Their references with a number of other governmental
agencies were very good. She, therefore, recommends award of
this bid.
C/M Blank moved that the Resolution be approved, seconded by
C/M Taplin.
Vote Taken: All Voted Aye
Resolution No. 382 Passed
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VII. REPORTS AND RECOMMENDATIONS
A. Mayor and Council - Mayor Olsen asked if there was any
idea of cost for installation of lighting along the jogging path.
Mrs. Morris stated that the item was put aside as a result of the
problems experienced with the lighting on the Collins Avenue
medians. She should have a figure prior to the next meeting.
The status of the median lights is that they are operating;
however, the electrical engineer is trying to determine what the
problem was. The 5 transformers burned out which darkened the
entire median. The cost of replacement of the transformers is a
little more than $300.00. They are trying to determine
responsibility in order to recoup the repair costs.
There has not been a report from the County on the status of
the lighting on the bridge. Mrs. Morris said she would call for
a progress report. I I
Mayor Olsen asked Mr. Kent Little, Manager of Sun Bank,
about upgrading the landscaping on the bank property in
conjunction with the Sun Bank median. Mr. Little said that this
work would be addressed in his next budget year in September. He
met with the landscape architects who felt that it would be more
appropriate to install lighting for the landscaping as opposed to
the bank building.
The last item Mayor Olsen wished to address is
recodification of the Village Code. There are several sections
of the Code that are outdated.. Mr. Weiss added that he was
involved in a recodification with another city and said that the
Code company will give an estimate of costs. Mayor Olsen
directed the Village Manager to contact Municipal Code
Corporation to secure a proposal and cost estimate.
Asst. Mayor Stern asked how the beach renourishment is
progressing. The Village Manager said there was a surprising
development last week. Bal Harbour is scheduled by the Army Corp
of Engineers to have the beach renourished this summer. Funding
was provided by Dade County and the State until the very end of
the last legislative session. Bal Harbour was omitted at that
time. A lobbying effort has been underway to reinstate those
funds this year. She is hoping that after providing
documentation to the Dade County Commission, a favorable decision
will be made. The Village has also been placed on the Dade
Legislative Delegation agenda for Thursday, February 23, 1989 to
express the concerns of the Village.
Mayor Olsen said he spoke with the County Commissioner who
was particularly concerned. He seemed to be satisfied with the
responses received. He was concerned with the amount of beach
lost in the original restoration (100 feet from the mean low
water line) which was not in the original application.
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VII. B. Village Attorney - No report
VII. C. Village Manager -
1. Status of Loan for Rehabilitation of Sewer Pumping
Stations 1 & 2 - After meeting with representatives of the State
Department of Environmental Regulation, it appears that the
Village will be successful in being guaranteed a loan for the
repairs with an interest rate of 4.66% with an amortization over
20 years and the first payment will not be due until one year
after the project is completed. She hopes the stipulated
agreement will be ready for the next agenda.
2. Gala Bal Harbour 189 Update - The Resort Tax
Committee held a meeting on February 20th to update each other
to present a report to- Council. The date has been set as
Saturday December 9th at the Sheraton. Discussions have been
held with the charity involved as to how to gain more publicity.
Preliminarily, the committee is talking about a seated dinner for
500 people. The discussions with the designers have been
encouraging. Both she and Bob Goodman have been speaking with
organizations for funding - namely Northern Trust in the area of
$10,000. Bob Goodman is to speak with GMCVB and the airlines as
well as the shop owners. The committee has set its March meeting
as a deadline for firm answers as to whether it will pursue the
Gala for this year.
3. Bid Award - Sun Bank Median - The administration has
been proceeding with securing cost estimates and she has bids
available for consideration as the first step and still has to
obtain a DOT permit. The first contract is for the structural
contractor for the concrete work to lay the remainder of the
sidewalk to install the flag pole fitting. Two bids were
received - Homestead Concrete and Drywall - $39,657.20 and
Creative Masonry - $35,000.00. The previous sidewalks installed
cost about $80,000.00. The current bid includes furnishing the
50 foot flag poles. The Village Attorney stated that once bids
are submitted, there can be no negotiations on price. If the
administration is not pleased with the bids submitted, all bids
could be rejected and then rebid.
C/M Boggess moved to accept the low bid of Creative Masonry
in the amount of $35,000.00, seconded by Asst. Mayor Stern.
Stan Whitman, Bal Harbour Shops, questioned whether the
Christmas tree and Menorah, originally given to the Village by
the Shops, will fit in to the new plans. The response was
affirmative. He also advised the Council that the probability of
Royal Palm trees living in that area is extremely remote.
Vote Taken: All Voted Aye
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Mrs. Morris stated that the next item is the bid award for
the sprinkler system. Three bids were received: Brooks -American
in the amount of $2,980.00 (low bidder); Kuznik Well Drilling in
the amount of $3,190.00 and the last from Evergreen Sprinkler in
the amount of $3,625.00. The Village Manager recommends Council
approve the low bidder.
C/M Blank moved that the bid be awarded to Brooks -American
in the amount of $2,980.00, seconded by C/M Taplin. C/M Boggess
expressed dismay at the condition of the packets and lack of back
for this item.
Vote Taken: All Voted Aye
The last item is the bid award for landscaping materials for
which three bids were submitted: Parrish Landscape Nursery in
the amount of $43,786.00; Greenside Up Inc. in•the amount of
$47,298.27 and Vila and Son Landscaping Corp in the amount of
$49,900.00. Mrs. Morris stated that the architect has worked
with Parrish Landscape Nursery and would recommend them with
which recommendation she concurs.
Asst. Mayor Stern moved and C/M Blank seconded the bid be
awarded to the low bidder Parrish Landscape Nursery based on the
Manager's recommendation.
Vote Taken: All Voted Aye
VII. Other Business - Mr. Bruno, resident in the
residential area, commented on noise at the Shops very early in
the morning, despite police monitoring. The noise is generated
by food deliveries, window washers, and other services. Chief
Baquero stated that the problem encountered is that different
service people are in there all the time.
Mr. Bob Maute asked the Village Manager if the Village could
receive a grant from the State for being a low crime area. She
said some information was received; however, no grant has been
received at this point. The Village Attorney clarified that
grant money is available to decrease crime in a high crime area,
not a reward for already being a low crime area.
IX. Adjourn - There being no further business, C/M Taplin
moved and Asst Mayor Stern seconded that the meeting be
adjourned.
Attest
Village Clerk
Mayor
Reg. Council Mtg. 2/21/89
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