HomeMy Public PortalAbout1999-02-02 Workshop MeetingCOUNCIL MINUTES
WORKSHOP MEETING - FEBRUARY 2, 1999
A Workshop Meeting of the Bal Harbour Village Council was held on Tuesday, February
2, 1999, in the Council Chambers at Bal Harbour Village Hall. The meeting was called to
order at 4:40 p.m. by Mayor Spiegel. Those present were:
Also present:
Councilman James Boggess
Councilman Peg E. Gorson
Assistant Mayor Andrew Hirschh
Mayor Estelle Spiegel
Councilman Daniel Tantleff
Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
David Wolpin, Village Attorney
Jeff Sheffel, Esq. Weiss Serota Helfman'Pastoriza Guedes
As a quorum was determined to be present, the meeting commenced.
2. Pledge of Allegiance: The Pledge of Allegiance was led by
Councilman Boggess.
3• Pronosed Zoning Changes to Bal Harbour Code: Michael
Miller, Consultant Village Planner - Craig A. Smith & Associates, addressed the
Council and explained that in 1996 they drafted an ordinance that came before the Council;
however, there were some concerns about monitoring new construction, so the item was
tabled at that time. In July 1998, Mr. Miller reviewed new construction built since 1996 and
other issues to identify the items in working papers dated December 28, 1998. The
document was then taken to the Architectural Review Board and the Civic Association for
review of the proposed changes. Mr. Miller has worked closely with Dan Nieda, Building
Official. Mr. Miller stated the changes are basically in the R-1 and R-2 single-family
districts and discussed the tollowing items:
1. Flat Roofs - Currently the Code says there cannot be any flat roofs on residences.
A standard of a minimum slope of 3 and 12 is suggested.
2. Side Entry Garages — Currently the Code states new homes have to have a side -
facing garage. In the R-1, there's a 10 foot setback to the garage when it's side
facing; if it's front facing it has to be pushed back and there has to be screening in
front of it. In the R-2, there are many older homes that have front entry garages and
nothing can be done about those. It is recommended that if the home is completely
reconstructed, there would have to be a new side entry garage. If it's less than
100% construction, such as a remodeling, it could have a front entry, but it would
have to be screened to the front as much as possible.
3. Landscape Installation Compliance — In Dade County, they adopted a countywide
ordinance about two years ago requiring a minimum quantity for all types of
landscaping. A year ago, the Village asked CAS to prepare a landscape Code,
which they've done and submitted to the Village. That document has not been
1 Assistant Mayor Hirschl arrived during the pledge of allegiance.
Council Workshop Meeting 02/02/99 1
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244 adopted yet, but it's being reviewed in-house. Some communities have a certain
dollar equivalent of landscaping that goes with the quality of house being done; and
others have a minimum size of plant that screens and compliments what is being
built. The ARB is going to do a better job of enforcing what gets put into the ground.
The landscaping ordinance will be brought to the Council in the near future.
4. Mailboxes — The vast majority of the mailboxes in the Village are either placed on
the residence or in very close proximity to the home. The Post Office would love a
gang box to be put someplace, which they are requiring new communities to do.
There are a few mailboxes down by the curb, which is what the Post Office would
like. They have spoken to the local Surfside Postmaster and received a copy of the
regulations that dictate where mailboxes are placed. From a legal standpoint, it
states if there's existing development, they can conform to what everybody else is
putting in. Some provisions have been crafted to require mailboxes to go up by the
house or within a certain distance by the house. This is to put something on record
that is essentially being done now.
5. Small Landscape Material — This is the same as landscaping.
6. Front Yard Walls/Gates/Columns - Some new homes have an estate looking lot
with a wall in the front and some provisions have been suggested to soften that from
the street. Currently, the Code allows for someone to build a solid wall across the
front of the property. Some standards have been put in that it has to be decorative
and open at different portions.
7. Carports and Garages — Currently the Village allows carports. There's an issue
from a code enforcement problem in terms of maintenance and an issue to make
the carport look better. It is suggested, rather than allowing an aluminum post
where the legs touch the ground, that decorative cladding be required to make it
look like part of the house.
8. Rear setbacks in the R-2 District — This was discussed a lot in 1996 and is still an
issue today. The R-2 District allows building to a 10 foot setback on the rear
property line. So, a tall two-story home is allowed, which can be overpowering to
the neighbor. It is suggested that the setback be increased to 15 feet minimum, with
a graduated scale for a two-story home.
9. Closing in Garages — The Code requires that each home have at least one
operative garage space or carport. This is a code enforcement issue.
10. Port -A -Let Screening — Code regulations are suggested to state when a port -a -let
can be placed on the property, how it can be screened, etc. Construction Site
Operations — there's a Federal regulation that's in effect by the Environmental
Protection Agency (EPA) called the National Pollution Discharge Elimination
System. They are water quality regulations that require the Village to adopt some
ordinances governing the grading of lots so that the wind or rain doesn't cause
sediments to run off into the new Stormwater system and block it. Code
amendments are suggested to that affect.
11. Completion Bond — This is currently in the Code and needs to be enforced better.
12. Hurricane Shutters — There are some instances where plywood shutters are put
up and left for 6 months. Language is suggested that residences should have
shutters. It is suggested that if the shutters are going to stay on the home for some
period of time that they be made out of some material that's complimentary to the
architecture; or there should be some indication of how long they can be put up and
then taken down and stored.
13. Building Signs — Currently a builder sign can be put on an R-1 or R-2 lot because
there's no restriction on the size or color. It is suggested to ban these types of signs
in the R-1 and R-2. They would still be allowed in the commercial and multi -family
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areas with some regulations. 245
14. Sunday Construction Activities - There are current regulations about the time
people can do work on the outside of their residences. This is an enforcement
issue.
15. Chain Link Fences — There is no current regulation. It is suggested that if they are
allowed in the Village, they only be the variety that has black or green cladding and
that some type of landscaping supplement them. There would also be restrictions
on height.
16. Lots Under ConstructionNacant Lots/Screening — Ways to keep the site
maintained clean and to screen activities during construction were discussed.
17. Decorative Streetscape Walls — It is suggested to put in some landscaping
materials to supplement the walls.
18. Multiple Family Residential Parking Lot Screening — On the West Side of Collins
Avenue, the quality of landscaping is not the same as the East Side. Those sites
do not even meet the new Dade County standards for minimum landscaping right
now. Parking lots and driveways are supposed to have some shrubbery and a
certain number of trees. When the landscaping ordinance is discussed, it will
address those issues.
Mr. Miller stated those are the issues they've identified and worked on. The next step is
to work with the Village Attorneys office to craft the actual verbiage in an ordinance form
and bring it to the Council for public hearings.
Councilman Boggess questioned if the Civic Association is in approval of this. Mayor
Spiegel stated Mr. Treppeda's memorandum reports that Howard Berlin, Bal Harbour Civic
Association President, has advised that the Civic Association supports the proposed
changes as long as the Council is open to hardship variances. Mr. Miller stated this has
also gone before the Architectural Review Board.
A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to accept
the recommendations of the Village Planner, Michael Miller. The motion carried with the vote
as follows: Councilman Boggess aye; Councilman Gorson aye; Assistant Mayor Hirschl aye;
Mayor Spiegel aye; Councilman Tantleff aye.
Mr. Miller will work with the Village Attomey's office to prepare the ordinance and bring it
back to the Council for a public hearing.
Assistant Mayor Hirsch) stated several years ago Village Attorney Richard Weiss had
recommended that the Council consider a hardship variance approach to variances, which
most cities have. At the time, the Council decided not to. The homeowners have now
been discussing it. The Council has the right to grant variances and citizens have the right
to request variances. A variance is granted based on need. Most cities are under a
hardship variance clause meaning if there's a hardship that would require a variance, that
would be the first criteria to bring it to a governmental body for discussion. That would be
different than somebody's personal whim of wanting something that's out of the ordinary.
Assistant Mayor Hirschl thinks from a city standpoint, it's time that a hardship variance be
placed on the books while going through the ordinance change. Assistant Mayor Hirschl
thinks it makes sense and allows the Council the option to grant one no matter what, but
requires the applicant to have a hardship to come before the Council for a variance.
A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff that at
Council Workshop Meeting 02/02/99 3
246 the same time Mr. Miller meets with the Village Attorney to adopt some language for zoning code
changes, to also consider adopting a hardship variance process for the Village's variance
applications. The motion carried with the vote as follows: Councilman Boggess aye; Councilman
Gorson aye: Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye.
4. Presentation by Ken . Vorce of Traffic Study
Regarding Sidewalk on South Side of SunTrust Bank: Mr.
Treppeda explained that Mr. Vorce performed a study regarding vehicular/pedestrian
safety problems at the intersection of 96th Street and Collins Avenue. He also addressed
the delays experienced at 96th Street and Harding Avenue. Ken Vorce, Vanasse Hangen
Brustlin, Inc., distributed and reviewed his report (N.E. 96th Street Sidewalk Removal
Study — Town Council Altematives Workshop). He explained the purpose of the study was
to look at the impacts of removing a sidewalk on the North side between 96th Street, Collins
Avenue and Harding Avenue. In addition, to also look at the intersection performance
parameters, from a traffic operations standpoint, at 96th Street and Harding, concentrating
on the east bound approach of 96th Street. They spent two days (a weekday and
Saturday) observing pedestrian movements to see what the pedestrian demand on 96th
Street was and how the pedestrians where interacting with traffic circulation. There was
not a lot of demand on the north side of 96th Street (44 pedestrians were counted in
October). There is no sidewalk on the West Side of Collins between the bank driveway
and 96t" Street. The double left turn movements from 96th Street, to go north on Collins,
do pose some problems for people crossing 96th Street on the west side of Collins. During
peak hours, the double lanes back up and continue moving when the pedestrian walk/don't
walk signals come on, so it's a question of demand versus pedestrian movement and there
is a conflict there. They noticed the completion of the improvement of the bank site on the
north side of 96th Street and Harding Avenue affects pedestrian circulation. The new
sidewalk access, which comes into 96th Street, creates a potential conflict with one of the
recommendations.
Intersection operations they noticed were:
1. Parking maneuvers along Harding Avenue, especially during the mid -day peaks,
present some conflict of through traffic on Harding (south of 96t" Street).
2. Tum restrictions on 96th Street are not always adhered to.
2. The recent improvement on 96th Street that put the islands in the one through lane
to match up with the double right turn lane and the single through Zane on the east
bound approach is driven fairly well.
4. During certain peak periods, there is severe back up on 96th Street.
5. Vehicles exiting rig_ht from Abbott Avenue to 96t" Street are not a major concern
interacting with 96 Street traffic.
Mr. Vorce stated if the sidewalk on the north side was removed, the capacity of the
sidewalk on the south side of 96th Street, between Harding and Collins, could
accommodate the additional pedestrian demand. They analyzed three years of recorded
accident history along 96th Street and there were two accidents involving pedestrians and
moving traffic on the north side of Collins at 96th Street. There was an extensive side
swipe accident pattem on 96th Street between Collins and Harding, which warrants some
recommendations. They reviewed the removal of the crossing at Collins and 96th Street
and the sidewalk on the north side and its effect on the intersection operations at Harding
and 961" Street. There's little impact on removing that sidewalk. They also did an
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intersection operation analysis on the eastbound approach and the relationship t�47
increasing traffic demands. They reviewed what an additional approach lane would do for
capacity and found it does significantly improve intersection capacity, but the double right
turn movement would still need to be maintained.
Councilman Tantleff doesn't want the concrete island that prevents people from driving
east. Mr. Vorce stated it was put in to back up the double right tum movement. Assistant
Mayor Hirsch) stated if three lanes are on 96th Street, then the middle lane could have the
option of going straight or turning right if the island isn't there. Mr. Vorce agreed.
Mr. Vorce reviewed the altematives they studied. There were two concerning the sidewalk.
The first was maintaining the existing curb line on the north side, removing the sidewalk,
and replacing that with landscaping. That involves no roadway construction and all work
would be done behind the curb line and within existing right-of-ways. Mayor Spiegel stated
the sidewalk serves as a pedestrian walkway to head west to go across Collins Avenue,
because there are bus stops on Collins and 96th Street. It's much easier for a pedestrian
to cross there than to cross where there are two right lanes heading across. Mr. Vorce
stated as far as a direct path to the bus stop that's correct. Mayor Spiegel stated that
sidewalk is needed. Mr. Vorce stated they studied the impact if the sidewalk is removed.
Assistant Mayor Hirschl questioned about citizens that want to access the beach at 96th
Street and walk across the north side next to the bank. There should be a marked lane for
pedestrians to cross on the north side. Councilman Boggess stated the Village is trying
to get away from that because all the traffic is turning left onto Collins Avenue, so
pedestrians crossing there is dangerous. Mr. Vorce stated it's a Dade County procedure
that when you have a double lane turn across pedestrians, that particular pedestrian
movement is not allowed unless there's some special operation circumstance such as at
Harding Avenue and 96th Street. Collins and 96th Street does not have that capability
because all traffic has to turn one way. That's why the County, along with DOT, haven't
marked that a crosswalk because they don't want pedestrians crossing in an area where
they're subject to two lanes of moving traffic. They would have to adjust the signal timing
phasing, which is already at a capacity, and to do that would worsen the traffic demand
conditions on 96" Street. They're trying to fit in the pedestrian movement so that it doesn't
create additional conflict to the pedestrians and, at the same time, can accommodate the
traffic demands. The other alternative they looked at was widening the north side of 96th
Street because of the severe side swipe crash pattern. That would give additional lane
width and accommodate the sidewalk removal. If the road is widened, the width of the
existing sidewalk guarantees not being able to put back in the existing sidewalk without
conflict with the SunTrust bank parking lot layout and building. They also studied various
approach configurations for 96t Street using three lanes.
Mr. Vorce reviewed the pictures displayed in the study. Mr. Vorce stated they could
maintain the existing sidewalk access at the bank to 96 Street and the remaining parts
of the sidewalk would be removed and replaced with landscaping. Some traffic signal
modifications would be made to the intersection of 96th and Collins. The alternative
approach is to remove the sidewalk by physically widening 96th Street to increase lane
width. Currently the lanes are about 10 feet. Widening would make them 11 and 14, or
a 12 and 14 for two lanes. Or the width could be spread evenly across the four lanes.
Assistant Mayor Hirsch) stated if would then constrict going west across Harding Avenue
on 96th Street back to the same width that was there. Mr. Vorce stated by moving the curb
line north, it lines up better with the exit side of the intersection. Right now there's a half
to full lane transition. Some internal site improvements would have to be made on the
Council Workshop Meeting 02/02/99 5
248 SunTrust to maintain the sidewalk access because they would have to create a new strip
of sidewalk from the bank walkway back to the corner of 96th Street and Harding.
Mayor Spiegel stated the Village was told the concrete island and the no right turns on 96th
Street to Abbott were going to be a temporary situation. They were going to review taking
down the buildings on the south side of 96th Street for widening. Mr. Vorce believes DOT's
project was contingent upon what the improvement had on the impact of traffic. Mr. Vorce
has reviewed the study and the follow up evaluation, which was completed in December.
They don't necessarily agree with some of DDT's findings. Mr. Vorce is finalizing their
observations and recommendations for Bay Harbor regarding the follow up study and once
that is done they will share it with the Village.
Mayor Spiegel discussed the problems with the traffic backup going south on Collins
Avenue. Councilman Boggess stated there's also a problem with double parking on the
95th and 96th Street segment. Mr. Vorce questioned when Abbot Avenue was open all the
time if the Village experienced the degree of problem it's having now. The. Council
responded no. Councilman Boggess stated there's no left turn allowed from 96th Street to
Abbott Avenue, but there's only one small thing indicating that and no signs. So, people
turn and block the lanes and then can't get into Abbott Avenue because of the barricades
and it causes a mess. Mr. Vorce stated the major violators were taxicabs.
Mr. Vorce stated DOT is currently in the process of designing a major drainage project
along 96th Street from the canal to Harding Avenue, which doesn't include plans for
widening. Mr. Vorce is hoping to use this project as a vehicle to recommend that
improvements be done for the Village. Assistant Mayor Hirsch) stated Bay Harbor, Bal
Harbour, and Surfside need to have a comprehensive approach, along with DOT and traffic
engineering groups, to come up with a reasonable response. Assistant Mayor Hirsch)
thinks it's premature and thinks the Village needs more information before removing a
sidewalk or deciding on a plan. This is a comprehensive issue. Mayor Spiegel thinks
removing the sidewalk is a mistake. Councilman Boggess thinks there's a serious traffic
hazard with people crossing on the north side. Assistant Mayor Hirschl agreed.
Councilman Boggess suggested putting posts on the corner to prevent people from
crossing there. Mr. Vorce stated the construction is scheduled to begin in the year 2000.
Mr. Vorce stated there are some things to pursue and they will list them in their report to
Bay Harbor. Councilman Tantleff questioned how Bal Harbour can get the concrete island
removed, etc. Mr. Vorce stated the Village will need to lobby the cause to the DOT. Mayor
Spiegel stated the Village met with officials from DOT and Elaine Bloom. They were told
from DOT that this was only temporary and they would then discuss widening on the south
side of 96th Street. Mr. Vorce stated there's a problem there that isn't reflective in DOT's
study and he will bring that issue to DDT's attention. They have a contractual relationship
with them to do studies and they will use that vehicle to bring up these issues. Assistant
Mayor Hirschl questioned what has happened historically when they've had a different
finding than DOT. Mr. Vorce stated sometimes they bring in a third party. Mr. Vorce was
surprised that they used the same firm for the study that recommended the lanes and the
islands. Councilman Tantleff stated that should be brought to someone's attention. Mr.
Vorce will make DOT aware of their findings. Assistant Mayor Hirschl suggested inviting
DOT to come and see the mess themselves and the Village needs to act now.
Mr. Vorce stated the recommendations they made pertain to the primary issue of the
sidewalk removal that their study addressed. They encompass an approach that could
potentially address that issue as an improvement using the vehicle of the DOT project as
Council Workshop Meeting 02/02/99 6
the means to get the physical construction done at very little cost, if any, to the Village. The
approach would be to re -format the document in a way the DOT can accept it as
justification for a safety study. There are two distinct accident patterns that should justify
the project being advanced as a safety job. Essentially, that means no potential dollars to
the local jurisdiction, it's all State -Federal dollars. However, DOT only has a limited amount
of safety dollars authorized by the Federal Highway Administration to build safety
improvements on the state highways. So this project will compete with others and there's
no guarantee that it will be done. But, it's the most direct and simplistic vehicle for the
Village to pursue if it wants that type of improvement on 96th Street. Mayor Spiegel
suggested having the State do the study. Mr. Vorce stated the Village could make a verbal
request to the District Traffic Engineer to review the problem as a safety issue. The Village
could also extend Mr. Vorce's services to do that for the Village, which may be more cost
effective since they already have the study.
Assistant Mayor Hirsch) suggested having the three municipality representatives meet with
DOT in an open workshop to discuss the comprehensive problem that the three
municipalities are having. Mr. Vorce thinks that would be a good first step and suggested
inviting DOT middle management that make decisions initially whether something is a go
or not. Assistant Mayor Hirschl doesn't see how this is going to be resolved without an
advocate for the Village. Mr. Vorce stated they need to finish the study for Bay Harbor and
will be meeting with Linda Karlsson, Town Manager, next week. Mr. Vorce will attend the
February 16, 1999, Council meeting to discuss the Bay Harbor study.
5. Discussion of Street Lighting: Mr. Treppeda explained that in
May/June 2000, the Department of Transportation (DOT) has a project scheduled to
remove all the traffic lights, signs, and streetlights. The Council has discussed streetlights
and viewed a prototype that was not liked. Taft Bradshaw has been requested to continue
working on the lights and to put this on a faster track. DOT has requested that the Village
advise, by the second week of February, the type of lights to be put back. Mr. Treppeda
will contact DOT to see if the time to give a decision can be extended. DOT has stated they
will either put the regular highway lights in at no charge, or they'll put whatever the Village
wants. If the Village doesn't give them an answer, they will try to match the existing.
6. Adiourn: There being no further business to come before the Council,
a motion was offered by Councilman Boggess and seconded by Councilman Gorson to adjourn.
The motion carried unanimously (5-0), and the meeting adjourned at 6:05 p.m.
Assistant Mayor An.rew Hirsch'
Attest:
SlaiegO
eanette Horton, CMC/AAE
Village Clerk
/elw
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