Loading...
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. Regular Council Meeting 4/15/97 H8 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. Regular Council Meeting 4/1S/97 4 - 90 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. Regular Council Meeting 4/15/97 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 Regular Council Meeting 4/14/97 b 92 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 Regular Council Meeting 4/15/97 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 94 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 Regular Council Meeting 4/l1/97 10