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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 •