HomeMy Public PortalAbout1997-05-13 Regular Meeting9'7
COUNCIL MINUTES
REGULAR MEETING - MAY 13, 1997
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, May 13, 199-, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 1:00 p.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. Tantteff
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 led
by Assistant Mayor Hirschl.
3. Approval of Minutes: A motion was offered by
Councilman Boggess and seconded by Councilman Gorson to approve the
minutes of the April 14, 1997, induction meeting. There being no
additions or corrections, the motion carried, and the minutes were
approved as submitted.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Tanileff to approve the minutes of the April 15. 1997.
regular meeting. There being no additions or corrections, the
motion carried. and the minutes were approved as submitted.
4. Presentations - Officer of the Month Madeleine Orr:
Chief Freeman read from his memo the accomplishments of Officer of
the :Month Madeleine Orr. He then proceeded to present a plaque to
Officer Orr, as well as a savings bond from SunTrust Bank. Mayor
Spiegel presented Officer Orr with a check.
5. Public Hearings:
The Village Clerk advised the Council that the owner of the
property located at 286 Bal Bay Drive, Units 1-C and 2-C is seeking
a non-use variance from the requirements of Section 21-267(bl.
The Village Clerk then proceeded to swear in Dan Nieda, Madeleine
Feuerring. Zvonimir Belfrania, and Sean Clancy. Mayor Spiegel then
proceeded to open the public hearing for comments.
Mr. Nieda read into the record the staff recommendation. which is
as follows:
Regular Council Meeting 5/13/97
1
98
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. This is a
continuance of the April 15. 1997. hearing in
which the applicant was directed to seek the
opinion of a structural engineer regarding the
structural feasibility of cutting an opening
through the second floor slab. A signed and
sealed structural devaluation dated April 29,
1997. has been performed by Zvonimir T.
Belfrain, P.E. as requested.
Recommendation: The applicant has resubmitted
for approval an enclosed spiral staircase
addition to the side (East) facade of an
existing two 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. Section 21-354(b) of the zoning
ordinances permits stair landings to encroach
into setbacks. provided that such landings do
not exceed 42" 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.
Section 21-53 of thr Code of Ordinances sets
forth criteria for granting a non-use variance
application as follows:
1. The granting of the variance must be
compatible with the surrounding land uses and
not be detrimental to the community as a
whole.
Applicant: The proposed use of an enclosed
staircase connecting two floors through
interior circulation and without exit to the
exterior is compatible with surrounding land
uses and not detrimental to its neighbors.
Regular Council Meeting 5/13/97
99
?. The granting of a variance must do
substantial justice to the applicant as well
as the other property owners of the district.
Applicant: After publicly advertising this
variance request, there are no objections on
file to this application to date. The
applicant has received petitions of support
from neighbors within the mandated 300 feet
notification radius. Petitions of support are
on file including residents of the Waters Ecige
Co -Op. 286 Bal Bay Drive. the 290 Ba1 Bay
Drive Bay Colony and the 284 Ba1 Bay Water
Way Manor.
3. The variance can be granted in such
fashion that the spirit of this chapter will
be observed and welfare secured, without
tending to create fire and other equally or
more dangerous hazards or provoke excessive
overcrowding or concentration of people or
population.
Applicant: The nature of an enclosed
staircase built out of fire resistive masonry
and concrete does not pose a hazard to the
public welfare and does not generate noise,
overcrowding or any other noxious impacts.
4. Compliance with. the strict letter of the
regulations will result in a practical
difficulty so as to prevent the owner from
using the property for a permitted purpose or
render compliance unreasonably burdensome.
Applicant: The structural engineer has
determined that. "it would be highly complex
to safely remove the existing slab and
concrete ribs without doing major structural
work." It appears that the engineer's
evaluation satisfies the unreasonable
burdensome criteria stipulated by the Code.
In my opinion. the applicant has clearly
satisfied the first three conditions for which
a non-use variance may be granted. The fourth
condition to be met of demonstrating that a
given task. such as cutting through a
structural slab. be unreasonably burdensome
remains a subjective opinion. I will defer to
the Village Council on making this subjective
judgement, which will ultimately determine the
course of this non-use variance application.
Mr. Nieda then proceeded to briefly review the renderings for the
Regular Council Meeting 5/13/97 3
100
Council.
Madeleine Feuerring. 263 °livers Cove Lane. watermill. New York.
owner of the property located at 286 Bal Bay Drive, Units 1-C and
2-C. addressed the Council and stated the addition of an outside
staircase can't be seen from the street. She further stated that
the Village has received a letter from her engineer explaining it
would be highly complex to safely remove the existing slab and
concrete ribs without doing major structural work. Also. in his
opinion, this kind of work is structurally dangerous. She then
proceeded to show the Council pictures of the building.
Councilman Boggess asked t'if the lower deck, which has been
enclosed, is correctly illustrated on the rendering, or is there a
deck outside and a deck inside all enclosed. Mrs. Feuerring
replied she is not sure, since this was done by the previous owner.
Cathrine Lee, 10245 Collins Avenue. stated she was the original
owner and made the patio larger at that time. In her opinion, the
stairway as proposed would be an improvement to the property.
Mr. Belfranin. 4836 Southwest 74 Court. addressed the Council and
stated he was retained by the Feuerrings to conduct a preliminary
structural review of the project. In his opinion. it has been
determined that it would be highly complex to safely remove the
existing slab and concrete.
Mayor Spiegel asked Mrs. Feuerring if they thought about installing
an elevator. Mrs. Feuerring replied she does not use an elevator
since one time being trapped in one. Also, if an elevator was
installed she would lose 136 square feet of living area.
Councilman Tantleff stated if the staircase was internal there
would be no need for a variance.
Sean Clancy, President of the Civic Association. stated in general
the Civic Association is against any kind of variance.
There being no further comments, Mayor Spiegel closed the public
hearing.
A motion was offered by Councilman Boggess to approve the
applicants request. The motion died for a lack of a second.
Assistant Mayor Hirschl read from the letter received from Laurie
M. Swedroe. "we hope that you will also grant the same courtesy to
all owners who wish to add and/or enhance their portion of the
property." He explained this letter is an example as to why he is
against granting variances.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Tantleff to deny the applicant's request for a non-use
Regular Council Meeting 5/13/97 4
101
variance. The motion carried with the vote as follows: Mayor
Spiegel aye: Assistant Mayor Hirschl aye: Councilman Boggess nay:
Councilman Gorson aye: Councilman Tantleff aye.
6. Ordinances second Reading/.Public Hearing: None
7. Ordinances First Reading: None
8. Resolutions:
A. The resolution was read. by title, by the Village
Clerk approving the Joint Project Agreement between the State of
Florida Department of Transportation and the Village.
Mr. Treppeda explained the Village's maintenance contract with the
Florida Department of Transportation expires on August 23, 1997.
He further explained this agreement provides for reimbursement to
the Village from the Florida Department of Transportation for the
maintenance of landscaping and lawn care services on State Road AIA
and on 96th Street. The amount that is reimbursed each year is
$6.201.00.
At this time, he requested the Council adopt this resolution co
renew the Maintenance Contract with the Florida Department of
Transportation for one year.
A motion was offered by Assistant Mayor Hirsch] and seconded by
Councilman Tantleff 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.554
RESOLUTION OF THE VILLAGE OF BAL HARBOUR.
FLORIDA, APPROVING THE JOINT PROJECT AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND BAL HARBOUR VILLAGE:
AUTHORIZING EXECUTION BY THE VILLAGE MANAGER
AND PROVIDING FOR AN EFFECTIVE DATE.
B. The resolution was read, by title, by the Village
Clerk approving the license agreement for use of Village right-of-
way between the Sheraton Bal Harbour and the Village.
Mr. Treppeda explained the Sheraton Bal Harbour Beach Resort wishes
to place decorative brick pavers and landscaping on the beach
access road directly behind the hotel as part of their
beautification efforts. He continued to explain Mr. Guttman, the
Sheraton's consultant, discovered that an easement granted to the
Village by the State is no longer in effect. He then proceeded to
explain on behalf of the Village at the expense of the Sheraton.
Mr. Guttman will be obtaining an easement from the State for the
Regular Council Meeting 5/13/97 5
102
Village. covering the beach access road from Stith street to 102nd
street. This road is utilized for police and fire department
access as well as for vehicles making large deliveries to the
oceanfront buildings.
Mr. Treppeda explained the Village Attorney has prepared the
agreement between the Village and the Sheraton Bal Harbour which
makes the hotel liable for any claims which may arise as the result
of the pavers being installed behind the hotel. He further
explained the hotel is also required to maintain liability
insurance with limits no less than S1.000.000.00 with the Village
listed as additional insured, and the pavers must be maintained by
the hotel.
At this time. he requested the Council adopt this resolution
authorizing the Village Manager to execute the agreement.
Discussion followed. Mr. Guttman. Consulting Engineering and
Science, Inc.,rcpresenting the Sheraton Bal Harbour, explained the
pavers will be installed on packed sand, and will be 24 feet wide
from the South property line to the North property line.
Stanley Whitman, Ba1 Harbour Shops, stated the Village should have
a master plan for the beach before anything is done behind the
Sheraton Ba1 Harbour. He gave the names of Ed Stone and Taft
Bradshaw that could be contacted to design a master plan for the
Village.
The Council asked Mr. Valdes, General Manager of the Sheraton Bal
Harbour. if the Village developed a master plan and the pavers were
not a part of that plan would he be willing to remove them at the
hotels expense. Mr. Valdes replied yes.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Hirschl to adopt this resolution subject to any
later changes. The motion carried with the vote as follows: Mayor
Spiegel aye; Assistant Mayor Hirsch! aye; Councilman Boggess aye:
Councilman Corson; Councilman Tantleff aye. thus becoming.
RESOLUTION NO. 555
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA. APPROVING LICENSE
AGREEMENT FOR USE OF VILLAGE RIGHT-OF-WAY
BETWEEN THE SHERATON BAL HARBOUR JOINT VENTURE
("THE SHERATON") AND BAL (HARBOUR VILLAGE,
FLORIDA ("VILLAGE") PROVIDING FOR IMPROVEMENT
OF CERTAIN PUBLIC RIGHT-OF-WAY: AUTHORIZE
VILLAGE MANAGER TO EXECUTE AND IMPLEMENT
LICENSE AGREEMENT; PROVIDING FOR AN EFFECTIVE
DATE.
C. The resolution was read, by title. by the Village
Regular Council Meeting 5/13/97
103
Clerk in support of Metro -Dade Mayor Alex Penelas' initiative for
stricter hand gun regulations.
A motion was offered by Councilman Boggess and seconded by
Councilman Gorson to adopt this resolution. The motion carried
with the vote as follows: Mayor Spiegel aye: Assistant
r
Hirschl aye; Councilman Boggess aye: Councilman Gorson aye:
Councilman Tantleff aye. thus becoming
RESOLUTION NO. 556
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, IN SUPPORT OF METRO-
DADE MAYOR ALEX PENELAS' INITIATIVE FOR
STRICTER HAND GUN REGULATIONS.
9. Reports and Recommendations:_
A. Mayor and Council: None
B. Village Manager;
Update Report on the Feasibility of a Bicycle Path
on State Road AlA_ Mr. Treppeda explained as
directed at the April Council meeting he is investigating different
possibilities for providing a safe place for bicycle riders passing
through the Village on Collins Avenue. He further explained he
wrote a letter to the Florida Department of Transportation to
discuss the feasibility of a bicycle path on Collins Avenue. He
continued to explain he received a reply to his letter, in which
they stated they have determined that a bicycle path is not
recommended. Although they pointed out that the
halongboth sides
eonly place to
accommodate a path is through the existing
borderof Collins avenue.
At this time, he is currently discussing other options with the
Village's engineers such as a path on the beach access road. As
other viable options are determined he will advise the Council.
Councilman Boggess stated in his opinion, the sidewalks are not an
option. and should look into the option of using the access road.
Jim Harrison, Atlantic Beach Club, addressed the Council and
explained he has received countless requests from hotel guests for
beach bicycles. He proposed the following for Council
consideration:
Beach Bicycles stationed at pool entrance
Bicycles would be limited to hotel guests
All guests would receive riding instructions
Regular Council Meeting 5/13/97
104
and safety pamphlet
All bicycles registrations would he through the village
for control
All bicycles would fly orange logo safety flags
The Council thanked Mr. Harrison and advised they would take his
proposal under consideration.
Resort Tax Committee Recommendation - Approval of $503.00
for transportation from Airport for FAM Attendees: Mr.
Treppeda explained as requested by Ms. Cardenas, the Resort Tax
Committee has recommended the reimbursement of $503.00. This was
expended to provide transportation to FAM attendees from the
airport to the Village. He further explained three cars were
needed.
At this time. he requested the Council consider the recommendation
of the Resort Tax Committee to reimburse the Emissary $503.00.
A motion was offered by Councilman Tantleff and seconded by
Assistant Mayor Hirschl to approve the reimbursement of $503.00.
and receipts are to be provided to Mr. Treppeda. The motion
carried with the vote as follows: Mayor Spiegel aye; Assistant
Mayor Hirschl aye; Councilman Boggess nay; Councilman Gorson aye;
Councilman Tantleff aye.
Resort Tax Recommendation - Switch from First Image to
Strategic Database Research for the handling of our
Telemarketing and Fulfillment: Mr. Treppeda explained
that Mr. Leshansky. the Village's Advertising Consultant, has
explained since First Image acquired Strategic Marketing Services
their performance has been weak. He further explained that Mr.
Leshansky has checked with three other companies who provide these
services, and found Strategic Database Research to have the most
favorable pricing and terms for the Village.
At this time, he requested the Council consider the Resort Tax
Committee recommendation to replace First Image with Strategic
Database Research.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Tantleff to approve the Resort tax Committee's
recommendation. The motion carried with the vote as follows: Mayor
Spiegel aye: Assistant Mayor Hirschl aye; Councilman Boggess aye;
Councilman Gorson Aye; Councilman Tantleff aye.
Bicycle and Jogging Path: Mr. Treppeda reported that he
has requested the Village engineers do a study on the bicycle and
jogging paths. Also, he will contact Ed Stone, and Taft Bradshaw
Regular Council Meeting 5/13/97 8
105
about a master plan for the beach, which would include repair of
the missing segments of the jogging path, construction of a bicycle
path. and conceptual ideas for landscaping and beautifying the
beach area.
Mr. Weiss explained if the proposals are under $15,000 the Village
may not have to go out to bid.
Joan Jacomo, 77 Camden Drive, stated she is very concerned about
having a bicycle path.
Norman Gorson, 10155 Collins Avenue, feels the Village should give
consideration to bicycles going through the Village.
C. Village Attorney:
Bal Harbour Club, Inc. Attorney Fees - Easement_
Mr. Weiss explained this bill is for the Club's attorneys fee in
reference to the easement that was necessary for the Storm Drainage
project. He further explained the Village is under no obligation
to pay these fees. No Council action was taken.
Elimination of Parking at the North Municipal Lot:
Mr. Weiss explained Mr. Treppeda received a letter form the Army
Corps of Engineers stating that if the Village agreement.
heat sdta the
parking it would effect the cost sharing as
any reduction or significant change to the access and parking may
require an adjustment. Therefore, he advised the Council should
not eliminate the parking lot, but could raise the parking meter
rates.
The Council directed Mr. Treppeda conduct a study of the rates of
the surrounding cities.
Proposed Anti -Graffiti Legislation: Mr. Weiss
explained this was placed on the agenda for information only. No
Council action is necessary.
10. Other Business: Councilman Tantleff requested Mr.
Treppeda update him as to the repairs of the jogging path.
Mr. Treppeda stated he instructed Mr. O'Leary to request bids for
the replacement of five coconut palms for Collins Avenue. The
following bids were received:
Vila & Son Landscape Co. $ 8.500.00
Melrose Nursery & Soil Co. $ 8,750.00
Bert Newcomb. Inc. $11.250.00
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Tantleff to award the bid to Vila tit Son Landscape Co. in
the amount of $8.500.00. The motion carried with the vote as
Regular Council Meeting 5/13/97
9
106
follows: Mayor Spiegel aye: Assistant Mayor Hirsch! aye; Councilman
Boggess aye: Councilman Gorson aye; Councilman Tantleff aye.
Councilman Boggess stated in his opinion, the Resort Tax Committee
was wrong in approving to reimburse the Emissary for $503.00 for
three car
s.
Councilman Tantleff asked about buoys for the beach. Mr. Treppeda
replied he will request information from Dade County who recently
installed buoys along the beach Sunny Isles.
Mayor Spiegel stated the nett Council meeting will be June 17th at
1:00 p.m.
11. 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 2:45 p.m.
Mayor Estelle Spieg
Attest:
Jeanette Horton, CMC/AAE.
Village Clerk
Regular Council Meeting 5/13/97 10
•