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HomeMy Public PortalAbout1995-01-17 Regular Meeting6G! COUNCIL MINUTES REGULAR MEETING - JANUARY 17, 1995 The regular meeting of the Bal Harbour Village Council was held on Tuesday, January 17, 1995, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order by Mayor Spiegel at 9:35 a.m. The roll was called and those present were: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Also present: Edward A. Gross, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman Sol M. Taplin As a quorum was determined to be present, the, meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to approve the minutes of the December 6, 1994, Workshop Meeting. There being no changes or additions, the motion carried unanimously, (4-0), with Councilman Taplin absent, and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Assistant Mayor to approve the minutes of the December 20, 1994, Regular Meeting. There being no changes or additions, the motion carried unanimously (4-0), with Councilman Taplin absent, and the minutes were approved as submitted. 3. Presentations: Officer of the Year Steven Goldberg: Mr. Gross stated Chief Treppeda requested this item be postponed until the February meeting. 4. Public Hearings: The Village Clerk advised the Council that the owner of Lots 2, 3, and 4, in the Ocean Front District, more commonly known as 9701 Collins Avenue, is seeking variances from the requirements of Section 21-291 (6) (a) to permit a 10' 0" side setback along the North property line for an Ocean Bar and Grill structure, and to permit two tennis courts along the South property with 5'0" side setback, where abutting the side lot line or 25 percent of the street frontage of the lot is required, and Section 21-291 )4) to permit a tennis court 2'0" from the Erosion Control line, where 55'0" West of the Erosion Control line is required. Mr. Weiss advised the Council this is one the new quasi judicial Regular Council Meeting 1/17/95 1 GGb hearings, therefore the witnesses must be sworn in before testifying. He further suggested hearing the staff recommendations first and then from the applicant. The Village Clerk then proceeded to swear in Mr. Neida and Mr. Terzi. Mayor Spiegel then opened the Public Hearing. Mr. Neida, Building Official, read into the record his recommendation on the variance requests, which is as follows: BACKGROUND: The Sheraton Bal Harbour has proposed an extensive renovation of their pool and associated recreational facilities. The scope of work includes the removal of the existing pools, cabanas, tennis courts, and ancillary facilities. The concept plan prepared by Sasaki Associates, Inc. dated December 15, 1994, reveals that the proposed features include a lagoon pool, water slide, river swim, cabana structure, spa, children's area, tropic bar, several bridge structures, sundeck, two tennis courts, and the Ocean Grill and Bar. RECOMMENDATION: The general nature,use, and placement of the proposed elements are thein compliance with Section 21-281 (10) of zoning ordinance of Bal Harbour Village. The applicant is seeking variances from the requirements of Section 21-291 (6) (a) to permit a 10'0" side setback along the North property line for an ocean bar and grill structure, and to permit two tennis courts along the South property line with a 5'0" side setback, where abutting the side lot line or 25 percent of the street frontage of the lot is required; an4 Section 21-291 (4) to permit a tennis court 2'0" from the rear Erosion Control Line, where 55'0" West of the Erosion Control line is required. Preliminary review of the submitted documents reveal tastefully landscaped grounds, a well configured pool and recreation amenities. The proposed structures are consistent with the nature of a resort hotel; and compatible with the architectural style of the existing buildings. The proposed 10'0" side setback along the North property line for new Ocean Grill and Bar is in keeping with the existing cabana building's setback which is to be re- used in its existing foundation. Along the South property the two proposed tennis courts Regular Council Meeting 1/17/95 2 i29 will be located at grade in the Southeast corner of the property. These will be placed 5'0" from the side property line and 2'0" from the Erosion Control Line. The adjacent Majestic Condominium project will abut the South property line with the placement of a parking structure and their own tennis courts. I believe that this proposal is compatible with the surrounding land use, consistent with permitted uses of the Ocean Front District, and will not be detrimental to its neighbors. Accordingly, it is recommended that this variance from setback requirements of Section 21-291 (6) (a) and 21-291 (4) be granted. Mr. Terzi, General Manager of the Sheraton Bal Harbour, introduced Bruce Brosch of Nichols Partnership. Mr. Brosch was then sworn in by the Village Clerk. Mr. Brosch explained, with the aid of renderings, the improvements that are planned to the Council. The improvements, which will be surrounded by lush landscaping, will include a restaurant and bar overlooking a fish pond, a suspension bridge, a small hill which will called inspiration mountain, a waterfall and a winding river that would culminate into a swimming pool. He continued to explain the plan will require the removal of a section of the existing cabanas and relocating the tennis courts. Councilman Boggess stated he understands that the tennis courts will be within 5' of the parking structure of the Majestic. Mr. Terzi replied he has spoken to Mr. Oren, of the Majestic, and he feels this would not create a problem. Assistant Mayor Blank stated the residences of the Balmoral may complain about noise. Mr. Terzi replied there will be no deliveries to the restaurant other than through the hotel corridor. Councilman Boggess questioned if this would be the type of structure that would allow for poolside parties. Mr. Terzi replied this would be a restaurant facility very similar to the existing restaurant with some modifications. He further explained that poolside parties will exist, as they have in the past, in the areas that have been zoned for this type of event. Mr. Gross questioned where was the coastal setback line. Mr. Brosch pointed out on the rendering the location of the coastal setback line. Mr. Gross stated then the plans must be reviewed and approved by the State. Mr. Brosch replied yes. Mr. Gross then questioned if the open air restaurant could be closed if an event would produce noise. Mr. Brosch replied yes. Daniel Holder, 24 Bal Bay Drive, was sworn in by the Village Clerk, He stated in his opinion the Council should require events with music, be held inside the hotel. Regular Council Meeting 1/17/95 3 w v v Bob Maute, 9800 Collins Avenue, was sworn in by the Village Clerk. He questioned if according to the drawings the structure will have a tin roof. Mr. Brosch replied the structure will have a metal roof. Mr. Maute stated this is very inconsiderate to the neighbors. Stanley Whitman, Bal Harbour Shops, was sworn in by the Village Clerk. He stated the Village is fortunate to have this kind of facility in the community. He further stated he supports this project. He then proceeded to refer to the multi -million dollar renovations the Sheraton had recently completed, and urged that the Council grant the variances. Mayor Spiegel stated the Village has a much lower real estate tax due to the construction that the Village had during the past few years. She further stated the music they will have would not be continuance. Councilman Hirschl stated the amphitheater and Sundays on the Bay were adversarial issues. He then proceeded to explain the difference in the two issues. He stated he cannot see thi. Sheraton not wanting to cooperate if the Village received noise complaints. Denis McGeary, Bal Harbour Manor was sworn in by the Village Clerk. He questioned if the Council will be making a decision at this time. Mayor Spiegel replied yes. Mr. Gross stated this would be subject to any plan changes that may take place once the construction starts. Assistant Mayor Blank questioned if Mr. Terzi is considering the beach aspect at this time. Mr. Terzi replied yes this issue will be addressed. Assistant Mayor Blank then proceeded to explain 1 percent of the Resort Tax is for beach restoration. He then asked Mr. Weiss the meaning of Beach restoration. Mr. Weiss stated this term is not defined in the Village code, but the common meaning is replacing the sand on the beach. Assistant Mayor Blank stated maybe the Village should take a stricter dialogue with the Army Corp of Engineers on the issue of beach renourishment. Councilman Hirschl stated there is a problem with the beach, but all the adjacent municipalities have a problem, as well as the whole Eastern coast. Mayor Spiegel then proceeded to close the Public Hearing. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank that the variances be granted. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. 5. Ordinances Second Reading/Public Reading: The Ordinance was read, by title, by the Village Clerk, providing a fee for issuance of a Certificate of Use/Completion, providing for amending Regular Council Meeting 1/17/95 4 building permit fees, engineering permit fees, mechanical permit fees, electrical permit fees, gas permit fees, plumbing permit fees. Mr. Weiss explained this Ordinance increases the minimum permit fee from $35.00 to $100.00, as well as providing a fee for a Certificate of Use/Completion. He further explained this was recommended by the Village Manager in order to be more in line with what other cities are charging. Mayor Spiegel then opened the Public Hearing. Denis McGeary, Bal Harbour Manor, questioned what does a permit entail. Mr. Gross replied the total cost of the work to be done, which would include the cost of materials and labor. Councilman Hirschl requested Mr. Weiss to address the issue of when you must pull a permit. Mr. Weiss read from the ,Village Code, which states that if labor and materials are under $100.00 a permit is not necessry. Mr. Weiss then advised Mr. McGeary to speak to the Building Department to see how this is being interpreted. ti Councilman Boggess stated often in installing window units the electric may have to be changed. Therefore, a permit would be necessary. Daniel Holder, 24 Bal bay Drive, stated he feels the fees should be sufficient to cover the costs of the building department. Bob Maute, 9800 Collins Avenue, stated he received a permit for installation of an air conditioner with no electrical involved. There being no further comments, Mayor Spiegel closed the Public Hearing. A motion was offered by Councilman Hirschl and seconded by Assistant mayor Blank to enact this Ordinance. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Hirschl aye; Councilman Boggess nay; Councilman Taplin absent; thus becoming ORDINANCE NO. 397 AN ORDINANCE OF BAL HARBOUR VILLAGE AMENDING SECTIONS 6-33, 6-35, 6-37, 6-38, 6-39, AND 6- 40; PROVIDING A FEE FOR ISSUANCE OF A CERTIFICATE OF USE/COMPLETION; PROVIDING FOR AMENDED BUILDING PERMIT FEES, ENGINEERING PERMIT FEES; MECHANICAL PERMIT FEES, PLUMBING PERMIT FEES, GAS PERMIT FEES, AND ELECTRICAL PERMIT FEES; PROVIDING FOR SEVERABILITY,INCLUSION IN THE CODE AND EFFECTIVE DATE. Regular Council Meeting 1/17/95 5 GJG 6. Ordinances First Reading: None 7. Resolutions: None 8. Reports and Recommendations: A. Mayor and Council: Assistant Mayor Blank stated he wished to continue the discussion as far as the beach is concerned. He then referred to Councilman Boggess's comment that his comment was out of order. Councilman Boggess stated his comments were correct, in so far as what the Village can do, due to State and Federal regulations. Assistant Mayor Blank stated that is a matter of opinion, you just cannot write letters and wait for them to decide. He then proceeded to refer to the comments that all other communities have the same problem, but he is only,interested in Bal Harbour. Mr. Gross stated he disagrees with Assistant Mayor Blank in some respect. He then proceeded to explain in the last few months he has been working on this problem. He continued to explain Golden Beach is a major part of the problem, since they reeived an injunction to prevent the sand being taken from their city. A hearing will take place in February on that matter. He then proceeded to explain another problem is there is not enough sand available for the restoration of the beaches. The Village, at the present time, should protect what we have. He then proceeded to explain the Beachsaver Project to the Council. Councilman Hirschl stated everyone on this Council cares very deeply about Bal Harbour Village. He further stated the Village does not live in a vacuum and must live with their neighbors. He continued to state once Bal Harbour beaches gets renourished Resort Tax funds may possibly purchase the Breakwater System, to help preserve the Village's beaches. Joe Terzi, Sheraton Bal Harbour, suggested that the Village not wait too long in making a decision on the Beachwater Project. He further stated the Council should take whatever action is necessary to get Bal Harbour on the list for renourishment. Mr. Gross stated he intends to have the information on the Beachwater Project for a decision at the next Council meeting. Councilman Boggess stated the area between the dunes and property line on the beach has become like a back alley. He further stated this area should be considered in the overall planning. Mr. Gross stated the in reference to the area behind the Sheraton Bal Harbour he will be discussing this with Mr. Terzi and their architects. He continued to explain he has already spoken with the University of Miami about a contest, for their architectural students, to come up with a plan for this area. Daniel Holder, 24 Bal Bay Drive,stated in his opinion the Council Regular Council Meeting 1/17/95 6 should prohibit Jet Skies on Bal Harbour beaches. Assistant Mayor Blank stated he has spoken to the people running the concession at the Sheraton, and they stated they will clean up the area, as well as putting out buoys at the 500 mark. Mr. Gross stated after receiving a copy of Mr. Holder's letter he also discussed this matter with them, and they are working toward cleaning the area. He further explained, as to the matter of Jet Skies, the Village cannot prohibit them because the beaches are public. Therefore, we must abide by Federal and State law that deal with Public Beaches. B. Village Attorney: Parking of Trucks and Other Commerical Vehicles: Mr. Weiss explained basirrally this Ordinance will adjust the hours of commercial vehicles as to when they will be prohibited. He then proceeded to review the Ordinance for the Council. He continued to explain since this is a zoning matter, evening meetings are required. Tom Devany, 39 Camden Drive, requested to speak in protest of this Ordinance. He stated this Ordinance is discriminatory and unfair. He further explained since he lives in a Condominium, there is no garage facilities. He continued to explain he drives a pick-up truck and was denied a decal for entrance into the Village. He then proceeded to explain he does not use his vehicle for commercial use. Mr. Davany then requested the Council instruct the attorney to include a grandfather clause for existing vehicles, and to clarify what constitutes a commercial vehicle. He also requested that the Council instruct the Civic Association to issue him a decal. Mr. Gross stated the Village has nothing to do with the Civic Association. He further explained Code Enforcement only pertains to Village laws. Mr. Weiss suggested that Mr. Olsen and Mr. Davany discuss the issue of the decal with the Village Manager. He then proceeded to question the Council if they object to the following changes: prohibiting commercial vehicles in the residential district; to prohibit someone who lives in the residential district from parking a vehicle with lettering; would allow someone who has a pick-up truck being used as a personal vehicle with no lettering, It was the consensus of the Council they have no problem with the changes as outlined. Mr. Weiss stated he will redraft this Ordinance for review by the Council. Joe Glaloski, 1 Harbour Way, requested that the signs on Harbour Way be looked into. Mr. Gross stated he will look into this matter. Assistant Mayor Blank questioned if the Estate Buyer located in the Regular Council Meeting 1/17/95 7 Harbour House has an occupational License, and is this allowed by the Village Code. The Village Clerk replied they do not have a license. Mr. Gross stated he will look into this matter. C. Village Manager: Mr. Gross stated this item is not on the agenda, but he was requested to ask the Council if they wish to discuss the re -zoning of the Beach Club property at the next meeting. Councilman Hirschl questioned Mr. Weiss on the protocol of this issue. Mr. Weiss replied that the owner of this property has no effect on land use decisions. He further explained the decisions that had taken place at prior meetings. At that time, it was his understanding the Council would wait for the report from the planner and then make their decision. Mr. Weiss then proceeded to explain there are two different ways the Council can act on the zoning of this property, which are as follows: take a re -active position, which is whoever purchases the property comes in and requests a zoning change, the other,way would be for the Council to be pro -active. Councilman Boggess explained that the Club had a meeting on December 29th, at which time there was supposed to be a vote on the sale of the property. The Club attorney chose to read an alteration of one of the proposals, which in his opinion should not have been allowed. Therefore the vote was postponed. The proposals that were received are for the same amount of money, but one is for two condominiums towers and one for a hotel and condominium tower. Mr. Weiss cautioned the Council that the decision to re -zone this property should be based on what they feel is in the best interest of the Village. In terms of the Master Plan and in terms of what the Council feels the property should be used for. He further advised the Council they should wait until they receive the planners report, and at the next meeting discuss the re -zoning. Mr. Gross stated he should receive the report from the planner on Wednesday. He continued to explain he will have the planner's report for next months meeting. Mayor Spiegel stated the Council should take the attorneys advice and review the planner's recommendations. Then discuss this issue at next months meeting. At this time, Mr. Cal Kovens requested permission to speak on this issue. Councilman Hirschl questioned Mr. Weiss if it would be inappropriate for Mr. Kovens to address the Council at this time. Mr. Weiss replied as a member of the public Mr. Kovens could address the Council. He further explained he is advising the Council that any comments Mr. Kovens may make should not effect their zoning decision. Regular Council Meeting 1/17/95 8 z;z Cal Kovens, 9999 Collins Avenue, addressed the Council and explained he is one of the bidders for this property. He further stated he proposes to build a hotel and condominium tower. He continued to explain he has financial backers to build a hotel. He then proceeded to distribute to the Council a booklet with information on the hotel he has contracted with to build. The Rosewood Hotel is number one in the United Kingdom, and is owned by a family from Dallas, Texas. He then proceeded to explain his conversations with Mr. Riso. as well as stating Mr. Olsen was working with a group representing the Ritz Carlton Hotel. He then referred to a letter from the Ritz Carlton. Mr. Olsen requested permission to rebut Mr. Kovens statement. Mr. Gross stated he recommends the Council should have no further discussion on this item_ Mr. Weiss then advised the Council that it is only right to allow Mr. Olsen to speak. .. Mr. Olsen, 224 Bal Bay Drive, stated that he has been fighting for a hotel to be built on the Beach Club site. He further;explained he did not bring in the Ritz Carlton group. They where brought in by Mr. Barry Conrad. He continued to explain there was a letter sent by the Ritz Carlton rebutting the letter Mr. Kovens referred to. He then proceeded to explain his thinking has always been independent. Salary and Benefit Survey: Mr. Gross explained the Council received a report in October 1994 that they requested regarding employee benefits. He further explained the study shows that the Village is within the ranges of salaries in the area. He continued to explain the only salary over the range is the Public Works Director. He then proceeded to explain the recommendations made and that he agrees with these recommendations. The recommendations are as follows: `Cost of Living The employee outside of the PBA should have their raises based on current salaries, not on the 1990 levels, beginning next budget year. Life Insurance Life insurance should be raised to equal one year's salary, with a maximum of $25,000. The additional coverage would cost the Village an additional $4,719 per year. Vacation Accrual No changes at this time. However, in accordance with their recommendation, will equalize this at the time of the next PBA contract. In addition reduce the sick time benefit and allow a certain amount of days per year. Uniforms He does not believe that the Village should clean the Public Works Uniforms. RegularCouncil Meeting 1/17/95 9 LOU Steel Toe Shoes The Village should require steel toe shoes because of the benefit to the Village due to the safety aspect. The cost for these shoes, according to the County bid, is $45 - $86. Therefore the maximum total cost to the Village would be $1,634. A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to approve the purchase of steel toe shoes for the Public Works employees. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. It was the consensus of the Council to defer the decision on additional Life Insurance until after PBA negations. Authorization to Proceed - Purchase Police Cars: Mr. Gross stated he is requesting Council's authorization to proceed with the purchase of three, 1995 Ford Crown Victoria Police Cars. According to the recommendation he received from Chief Treppeda. The funds for this expenditure will be from Vehicle Replacement Reserve for Department 521-Police. A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to authorize the purchase of the three Police Vehicles. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. Authorization to Proceed - Body Work and Painting Garbage Truck: Mr. Gross stated he is requesting the Council's authorization to proceed with body work and painting of Unit 127. According to the recommendation he received from Mr. Wheldon. The funds for this expenditure were budgeted in Department 534, Solid Waste, account 460- Maintenance of Vehicles. The low bidder was Olympia Body Shop at the cost $3,950. A motion was offered by Assistant Mayor Blank and seconded by Councilman Hirschl to accept the bid from Olympia Body Works for the body work and painting of Unit 127. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Hirschl aye; Councilman Boggess aye; Councilman Taplin absent. 9. Other Business: Mr. Olsen reported that Bay Harbor Islands has approved appropriating $27,000 for future sounds studies in reference to the amphitheater. He then proceeded to explain the new system Kent Security has started in regards to contractors entering the residential district. Discussion followed as to denial of issuing decals. Councilman Boggess stated he has noticed new construction in the Village that has no landscaping. Councilman Hirschl explained this Regular Council Meeting 1/17/95 10 4.201 construction was approved before the inception of the Architectural Review Board. Mr. Gross stated he will bring this matter before the Architectural Review Board for discussion of minimum landscape standards for the Village. Assistant Mayor Blank explained the Balmoral is putting in a new deck and pool at the cost of 1.5 million, as well as the construction being done by the Sheraton Bal Harbour. 10. Adjourn: There being no further business to come before the Council , a motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adjourn. The motion carried unanimously (4-0), with Councilman Taplin absent, and the meeting adjourned at 12:15 p.m. Mayor Estelle Ste{n Siegel Attest: eanette Horton, CMC/AAE Village Clerk Regular Council Meeting 1/17/95 11