HomeMy Public PortalAbout1997-04-15 Regular Meetingt�6
COUNCIL MINUTES
REGULAR MEETING - APRIL 15, 1997
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, April 15. 1997, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:30 a.m.
by Mayor Spiegel. The roll was called and those present were:
Mayor Estelle Spiegel
Assistant Mayor Andrew R. Hirschl
Councilman James E. Boggess
Councilman Peg E. Gorson
Councilman Daniel S. Tantleff
Also present: Alfred J. Treppeda. Village Manager
Jeanette Horton, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting
commenced.
2. Pledge of Allegiance: The Pledge of Allegiance was lead
by Assistant Mayor Hirschl.
3. Approval of Minutes: A motion was offered by
Councilman Boggess and seconded by Assistant Mayor Hirschl to
approve the minutes of the March 18, 1997, regular meeting. There
being no changes or additions, the motion carried unanimously
(5-0), and the minutes were approved as submitted.
4. Presentation: Officer of the Month Leo Quinn: Chief
Freeman read from his memo the accomplishments of Officer of the
Month Leo Quinn. He then proceeded to present a plaque to Officer
Quinn. Mayor Spiegel presented Officer Quinn with a check.
5. Public Hearings:
A. The Village Clerk advised the Council that the owner of
the property at 138 Park Drive is seeking non-use variance from the
requirements of Section 21-127(a).
The Village Clerk then proceeded to swear in Mr. Nieda, Mr.
Castellano, and Mr. Berlin. Mayor Spiegel then proceeded to open
the public hearing for comments.
Mr. Nieda read into the record the staff recommendation, which is
as follows:
Background: The owner of the property located
in the R-2 Residential District of Bal Harbour
at 138 Park Drive is seeking a non-use
variance from the requirement of Section 21-
127(a), to permit a front yard setback of 26.-
0" where 30.-0" is required. This application
is a modified version and continuance of the
variance request presented before the March
18. 1997, Village Council meeting.
Recommendation: The applicant has submitted
for approval a two car carport addition to the
front (East) facade of an existing one story
residence in the R-2 District. Site plan
sketch prepared by Paul Pergakis. Architect
shows that the proposed 16.-6" by 22.-6" two
car carport on the Southeast corner of the
site encroaches 4'-0" into the required 30.-0"
front yard setback. The driveway is
configured to facilitate a front facing
carport entry. with the benefit of a
landscaped buffer in compliance with Section
21-128 of the zoning code. The existing one
car garage is located at the rear of the
property. which is proposed as a new kitchen
expansion of the existing residence. The site
plan indicates that a new pool and deck is
proposed at the Northwest corner of the site,
where the existing asphalt drive is located.
The architect has modified his design so that
the front yard encroachment is reduced to 4'-
0" from the 10'-0" required in the previous
scheme. This has been achieved by substituting
a garage for a carport scheme which
facilitates vehicular maneuvering and a
permitted 36" overhang extension into the
setback zone. A new entry feature completes
the proposed facade renovation which is within
the required 30'-0" front yard setback.
The variance requested in connection with this
carport addition, has been modified so that a
minimal front yard encroachment is required to
permit adequate vehicular circulation. The
granting of this variance will not be
detrimental to the neighbors and will remain
compatible with the surrounding land uses of
the R-2 Residential District. Accordingly, I
recommend that this non-use variance from the
requirement of Section 21-127(a) to permit a
26'-0" front yard setback, where 30.-0" is
required, be granted.
Mr. Nieda stated as requested at last months meeting, he has
presentation boards of the requested variance. He then proceeded
to briefly review the boards for the Council.
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Councilman Boggess stated he supports the carport, but questioned
if there is an overhang. Mr. Nieda explained the Code permits a 3'
overhang.
Assistant Mayor Hirschl asked if an attempt was made to put 4' on
the Southwest side instead of encroaching into the setback. Mr.
Nieda replied that Mr. Castellano concern was not to go into
interior demolition. He further explained that in order not to
encroach. Mr. Castellano would have to demolish part of his house.
Councilman Boggess asked if there was any input from the neighbors.
Mr. Nieda replied he has not received any objections from the
neighbors.
Mr. Castellano, 138 Park Drive, addressed the Council and thanked
them for suggesting continuing the public hearing last month. He
further stated he met with Mr. Nieda and did compromise.
Councilman Boggess asked Mr. Castellano if his neighbors have been
apprised of the revised plans. Mr. Castellano replied no. but they
were surprised that the original variance request was not granted.
Councilman Boggess asked the Village Manager about deed
restrictions. Mr. Treppeda replied Mr. Weiss's office looked into
this matter. Mr. Weiss stated the Council deals with variances
from the Zoning Code. He further explained if there are private
deed restrictions that would be between the people who are the
beneficiaries, as opposed to the Village to enforce.
Mr. Castellano stated that on every home on Bal Bay Drive the
garages are 10' from the street. Therefore, the precedent has been
established to allow garages or carports to be 10' from the street.
Also, there is a park across the street from his property.
Councilman Boggess stated the only difference is that the
properties on Ba1 Bay Drive have the front of the property on the
water.
Howard Berlin, on behalf of the Civic Association, reminded the
Council that the Civic Association has always been against
variances on setbacks.. Therefore, the Association is against the
Council granting this request.
There being no further comments. Mayor Spiegel closed the public
hearing.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Tantleff to deny the applicants' variance request. The
motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Hirsch) aye; Councilman Boggess aye; Councilman
Gorson aye: Councilman Tantleff aye.
Regular Council Meeting 4/15/97
B. The Village clerk advised the Council that the owner
of the property located at 286 Bal Bay Drive, Units 1-C and 22-C is
seeking a non-use variance from the requirements of Section 21-
267(b).
The Village Clerk then proceeded to swear in Robert WMaade.
Architect, representing the owners Mr. & Mrs. Feuerring.
r
Spiegel then proceeded to open the public hearing for comments.
Mr. Nieda read into the record the staff recommendation, which is
as follows:
Background: The owner of the property located
in the RM-5 Multiple Family Residential
District of Bal Harbour at 286 Bal Bay Drive.
Units 1-C and 2-C is seeking a non-use
variance from the requirements of Section 21-
267(b), to permit a side yard setback of 17'-
11" where 25'-0" is required.
Recommendation: The applicant has submitted
for approval an enclosed spiral staircase
addition to the side (East) facade of an
existing three story structure in the Multiple
Family Residential District. Site plan
drawing prepared by Robert Wade and
Associates, Architect shows that the proposed
7'_0" by 7'-8" staircase enclosure encroaches
7'-0" into the required 25'-0" side yard
setback. The staircase connects units 1-C and
2-C to form a single occupant townhouse unit.
Section 21-354(b) of the zoning ordinances
permit stair landings to encroach into
setbacks, provided that such landings do not
exceed 43" above grade and that landings and
railings do not exceed permitted wall heights
for that district. The permitted wall height
for the RM-5 District is four feet above the
crown of the road, while the applicant is
requesting a variance for a staircase
enclosure that is eleven feet and three inches
(11'-3") above the crown of the road. This is
a net increase of 7'-3" above the four feet
high stair structure permitted into the
setback area per Section 21-354(b) of the
Code.
The applicant has given the opportunity for
his neighbors at the Water's Edge Co-op to
review the proposed variance and has received
eight petitions of support. Similarly.
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petitions of support are on file from the
owners of 290 Bal Bay Drive. Bay Colony Co -Op
and 284 Bal Bay Drive, WaterWay Manor. There
are no objections on file to this application
to date.
The variance requested in connection with this
staircase addition is modest and not intrusive
to its neighbors. given the remaining 17'-11"
setback to the property line. There are
petitions of support, this will not be
detrimental to the neighbors and will remain
compatible to the surrounding land uses of the
RM-5 Residential District. Accordingly, I
recommend that this non-use variance from the
requirements of Section 21-267(b) to permit
side yard setback of 17'-l1". where 25.-0" is
required be granted.
Mr. Nieda then proceeded to review the presentation boards of the
requested variance for the Council.
Councilman Boggess asked if this is a circular stairway. Mr. Wade.
Architect replied it is a spiral staircase. He further explained
the intent was to minimize the staircase. By taking two small
apartments and combining them to one larger apartment increases the
value of the complex. He continued to explain the staircase would
have no impact to the view from the street since it will be located
in the rear of the building.
Assistant Mayor Hirschl asked if an attempt was made to create the
staircase internally. Mr. Wade replied yes, but major structural
problems would occur.
Mayor Spiegel asked if it is possible to install a small elevator
going from the first floor to the second floor. Mr. Wade replied
their concern is cutting into the structure of the existing
building because of the age of the building.
Councilman Boggess asked if the balconies are enclosed on both
floors could a stairway be connected. Mr. Wade replied the
balconies are enclosed. To use the balconies to connect the units
would create a structural problem due to the second floor balcony
being a cantilever structure.
There being no further comments. Mayor Spiegel closed the public
hearing.
Councilman Tantleff asked Mr. Weiss if the variance is denied. how
long would the applicant have to wait before reapplying. Mr. Weiss
replied one year according to the Code.
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91
A motion was offered by Councilman Boggess and seconded by
Councilman Tantleff to defer this hearing for 30 to 60 days. The
motion carried with the vote as follows: Mayor Spiegel aye:
Assistant Mayor Hirschl aye: Councilman Boggess aye; Councilman
Gorson aye; Councilman Tantleff aye.
Mr. Nieda informed the Council that if the applicant revises his
plans for an internal staircase no variance would be necessary.
6. Ordinances Second Reading/Public Hearing: None
7. Ordinances First Reading: None
8. Resolutions:
The resolution was read, by title, by the Village Clerk expressing
concern over the proposed budget and personnel cuts at the National
Hurricane Center.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Hirschl to adopt this resolution. The motion
carried with the vote as follows: Mayor Spiegel aye; Assistant
mayor Hirschl aye: Councilman Boggess aye; Councilman Gorson aye:
Councilman Tantleff aye, thus becoming
RESOLUTION NO. 552
A RESOLUTION EXPRESSING THE CONCERN OF THE
VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA. OVER PROPOSED BUDGET AND PERSONNEL
CUTS AT THE NATIONAL HURRICANE CENTER.
9. Discussion of Bike Path - Steven Stein: Mr. Stein, 168
Camden Drive, addressed the Council about making the beach access
road available to bike riders. If this is not possible could one
side of Collins Avenue be made available.
Mr. Weiss suggested that this matter be referred to the Village
Manager, and the Village Engineers, and that they report back to
the Council at next months meeting.
10. Reports and Recommendations:
A. Mayor and Council:
Mayor Spiegel asked Councilman Boggess to reconsider his request
for the change of the regular meeting day. Councilman Boggess
stated he requested the change because he has a sales meeting every
Tuesday morning since he merged his company.
After much discussion, a motion was offered by Mayor Spiegel and
seconded by Assistant Mayor Hirschl to change the regular meeting
day to the 3rd Tuesday at 1:00 p.m. The motion carried with the
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b
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vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye:
Councilman Boggess aye; Councilman Corson aye: Councilman Tantleff
aye.
The Village Clerk was then directed to send postcards advising the
residents of the change in meeting day and time.
At this time, a motion was offered by councilman Boggess and
seconded by Assistant Mayor Hirschl to appoint Councilman Tantleff
as the Council's representative to the Dade League of Cities. The
motion carried with the vote as follows: Mayor Spiegel aye:
Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman
Gorson aye: Councilman Tantleff aye.
B. Village Attorney:
Mr. Weiss reported that on Wednesday at 2:00 p.m. he will meet with
Councilman Gorson for an orientation session, and with Councilman
Tantleff on Thursday at 4:00 p.m.
C. Village Manager:
Quarterly Financial Report: Mr. Treppeda explained
the Village is six months into the 1997 fiscal year. Most of the
department expenditures in the General Fund are at or below the 50%
level. He further explained while there are some line items over
budget there are other line items under budget which more than
offset the overages. At this time, Mr. Treppeda stated Mr. Walker,
Finance Director, is present, to answer any questions the Council
may have.
Assistant Mayor Hirschl asked Mr. Walker about the 62% expenditures
for Department 519 Other Government. Mr. Walker explained
insurance and performance bonus is paid at the beginning of the
fiscal year.
Survey on Residency Requirement prior to Qualifying
to run for an Open Council Seat: Mr. Treppeda
explained as requested at the last Council meeting, he conducted a
survey of other cities' residency requirements for potential
Council Candidates, which is as follows:
Bay Harbor Islands
Town of Surfside
City of Aventura
Village of Biscayne Park
North Bay Village
Village of Key Biscayne
Town of Golden Beach
No residency requirement
One year
One year
Six months
Six months
One year
One year
At this time, he requested the Council consider whether or not to
establish a residency requirement as a qualifying factor for a
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93
potential Council candidate.
It was the consensus of the Council that Mr. Weiss research what is
necessary to amend the code, and report back at the next meeting.
Renewal of Parking Meter Maintenance Agreement Stroyne
Brothers South, Inc.: Mr. Treppeda explained the
Village's agreement with Stroyne Brothers South. Inc. for the
maintenance of the Village's parking meters expired on March 21.
1997. The agreement was for two years. He further explained
Stroyne Brother South, Inc. has agreed to another two year contract
and will maintain current prices. The Village has utilized this
company for the past ten years. He continued to explain the
Village has 60 meters in the North Municipal Lot and 25 meters in
the West Municipal Lot.
At this time, he requested the Council authorize the Village
Manager to renew the agreement with Stroyne Brothers South, Inc.
for an additional two years for maintenance of the Village's
parking meters.
A motion was offered by Assistant Mayor Hirschl and seconded by
councilman Tantleff to authorize the Village Manager to renew the
agreement with Stroyne Brothers South. Inc. for an additional two
years. The motion carried with the vote as follows: Mayor Spiegel
aye; Assistant Mayor Hirschl aye, Councilman Boggess aye:
Councilman Gorson aye: Councilman Tantleff aye.
Discussion followed as to eliminating the parking meters in the
North Municipal Parking Lot because of numerous complaints that are
received. Mr. Weiss was directed by the Council to check if it
would be possible to eliminate the parking at the North Municipal
Parking Lot.
Omnibus Transportation Employee Act of 1991 Addendum to
Agreement with MRO: Mr. Treppeda explained this act
requires that employers who assign persons to operate commercial
vehicles conduct pre -employment, reasonable suspicion, random and
post accident testing of drivers for the use of alcohol or
controlled substances. He further explained it is also required
that such test must be certified by a Medical Officer (MRO).
Mr. Treppeda then proceeded to explain the Village has six
employees who fall under this Federal Act. They all work in the
Public Works Department. He then proceeded to explain the only
change to the agreement is the date. All prices will remain the
same as last year.
At this time, he requested the Council authorize the Village
Manager to execute an addendum to the original agreement with
Global MRO to provide alcohol and controlled substance testing in
compliance with Federal and State regulations.
Regular Council Meeting 4/14797 s
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A motion was offered
Assistant Mayor Hirschl
an addendum to the orig
vote as follows: Mayor
Councilman Boggess aye;
aye.
by Councilman Tantleff and seconded by
to authorize the Village Manager to execute
nal agreement. The motion carried with the
Spiegel aye: Assistant Mayor Hirschl aye:
Councilman Gorson aye; Councilman Tantleff
Replacement of Dead Canary Date Palm Tree on 96th Street:
Mr. Treppeda explained one of the Canary Date Palms on the South
side of the Ba1 Harbour Shops has died. He further explained the
Village's Landscape Architect. Bi11 O'Leary' has obtained three
bids for the purchase and installation of a replacement tree. The
bids he received are as follows:
Bert Newcomb Tree & Landscaping Service
Melrose Nursery, Inc.
Vila & Son
$7,100.00
$7,250.00
$9.900.00
Mr. Treppeda stated that Mr. O'Leary is present to answer any
questions the Council may have.
Mr. O'Leary addressed the Council and explained the difference
between the Canary Date Palm and the Coconut Palm. He explained
the replacement tree will have a one year warranty.
A motion was offered by Assistant Mayor Hirschl and seconded by
Mayor Spiegel to award the bid for replacement to the low bidder,
Bert Newcomb Tree & Landscaping Service at a cost of $7,100.00.
The motion carried with the vote as follows: Mayor Spiegel aye:
Assistant Mayor Hirschl aye: Councilman Boggess aye; Councilman
Gorson aye: Councilman Tantleff aye.
Discussion of Final Phase of Medjool Date Palm
Landscaping Project: Mr. Treppeda explained the original
proposal for the final phase was for 8 trees in front of the
Majestic and 1 tree to be added in front of the Tiffany. He then
proceeded to explain after further study Mr. O'Leary is proposing
the following to be included in the final phase.
9 trees in front of the Majestic
1 tree to be added in front of the Tiffany as
agreed by the Council
1 tree at 102nd street and Collins Avenue on
the east side to be relocated due to a
conflict with the newly installed traffic
mastarm pole.
1 tree to be added just north of the relocated
tree at 102nd Street and Collins Avenue
Regular Council Meeting 4/15/97 9
95
Remove the dark brown paver plaza and replace
it with the typical gray granite -chip sidewalk
At this time, he requested the Council approve the new proposal as
recommended by Mr. O'Leary,
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Hirschl to approve the concept of the final phase.
The motion carried with the vote as follows: Mayor Spiegel aye:
Assistant Mayor Hirsch) aye: Councilman Boggess aye; Councilman
Gorson aye; Councilman Tantleff aye.
11. Other Business: Councilman Tantleff inquired about the
status of the Jogging Path. Mr. Treppeda explained he has
scheduled a meeting this week with the Village's engineer to
discuss the feasibility of re-routing the path.
Assistant Mayor Hirschl asked about the maintenance of the path.
Mr. Treppeda explained the path is rolled and maintain by the
Public Works department.
Councilman Boggess suggested that Mr. Wheldon be included in the
discussion with the engineer. and also rethink using the access
road as a jogging path.
Howard Berlin asked if the Storm Drain Project is on target for
completion. Mr. Treppeda replied yes.
Denis McGary, Bal Harbour Manor, it would be good if the parking
meters could be eliminated in the North Municipal Parking Lot.
Ray Jacomo, 97 Camden Drive. asked if the Ba1 Harbour Club has
granted the easement that is required for the Storm Drain Project.
Mr. Treppeda replied yes.
12. Adjourn: There being no further business to come before
the Council, a motion was offered by councilman Boggess and
seconded by Assistant Mayor Hirschl to adjourn. The motion carried
unanimously (5-0). and the meeting adjourned at 11:00 a.m.
Attest:
eanette Hortofi, CMC/AAE
village Clerk
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