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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 Gold indicated that the original application for a solarium is herewith withdrawn which is being replaced by the application for a penthouse.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. 3W 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. Z 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. 2/21/89 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 Reg. Council Mtg. 2/21/89 4. 90 Z 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. Reg. Council Mtg. 2/21/89 5. 09z 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 Reg. Council Mtg. 2/21/89 RE 9TVZ 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 7. 30