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
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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