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HomeMy Public PortalAbout2000-05-12 Workshop Meeting12 COUNCIL MINUTES WORKSHOP MEETING - MAY 12, 2000 A Workshop Meeting of the Bal Harbour Village Council was held on Friday, May 12, 2000, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 12:10 p.m. by Mayor Hirschl. Those present were: Also present: Mayor Andrew Hirsch! Assistant Mayor Daniel Tantleff Councilman James Boggess Councilman Peg E. Gorson Councilman Seymour "Sy" Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Wright, Deputy Village Clerk David Wolpin, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Councilman Roth. 3. Discussion of Beach Master Plan: Christy Brush, Coastal Systems International, introduced herself and Laura Shepherd, Coastal Systems International, and explained that their company is the coastal engineering company that is designing and constructing the proposed jogging path. Ms. Brush introduced Bob Gill, Bradshaw, Gill & Associates, who is the principle landscape architect for the design. Ms. Brush gave a brief history of the project and explained that the goal is to provide an upgrade of the existing jogging path. She reported that the main purposes are to move the new path further landward, to prevent erosion, and provide a more tropical lush feel to the back of the oceanfront properties. Vegetation is proposed seaward of the new path. Ms. Brush has two plans to review today. The original intent of the Council and vision of the Sub -Committee was to add a lot of vegetation. The plan that meets the original goals of the project provides vegetation at the back of the oceanfront properties. Another plan maintains, in some form, the existing emergency and vehicular access. The new jogging path would be made out of shell rock. Ms. Brush stated that several of the oceanfront property owners were concerned about the removal of the existing vehicular access to the backside of the properties, being able to see over the vegetation, and safety issues. Mr. Gill explained that on the plan that states "without emergency access", there would be an emergency access on the jogging path itself, because it's a 15 foot wide path. Assistant Mayor Tantleff clarified that Mr. Sasso's staff has advised that the Village needs to keep the second path because the State won't let the Village get rid of it. In addition, the oceanfront properties have indicated that they want the path to be used for vehicular access to their buildings for repairs, etc. Mayor Hirsch! questioned if the State has said Council Workshop Meeting 05/12/2000 l that the Village must have the road that currently exists behind the bulkheads of the buildings. Ms. Brush stated that the State has said that the north/south shore parallel access, which historically exists, must be maintained. Mayor Hirsch) questioned if the current access road can be disturbed. Ms. Brush stated the ability for someone to walk north/south, or for a vehicle to drive, should be maintained. Meaning an obstruction such as a fence, large tree, or prickly shrub cannot be placed that would act as an obstruction to access. The Village does not have to maintain the hard packed sand; there are alternatives. The Village could plant low vegetation that would allow a person to walk on it, if they wanted to. Councilman Boggess questioned if this is based on a "right-of-way." Ms. Brush stated that is based on a pre-emptive easement belonging to all of the residents of the State of Florida. It's based on the beach renourishment projects, which occurred in the early 1970's. At that time, the water was up to the bulkhead. At the time of the beach renourishment project, the State established the erosion control line, which is now the eastern property lines for the oceanfront owners. Also, at that time, a pre-emptive easement was established at the bulkheads of the properties. Seaward of that line, within the easement, the State maintains traditional public beach uses. They require that the public be allowed to use that beach in a traditional sense. Mayor Hirsch) questioned why the Council wasn't told about this State requirement earlier. Mr. Gill stated that the prior plans maintained the access way, so it wasn't a problem. Mayor Hirsch) stated that the State's rule was never disclosed to the Council. Mr. Gill stated that it never became an issue until now. Councilman Boggess stated the Council should have been told this from the beginning. Ms. Brush stated there was never a plan that proposed to obstruct that access until the January meeting, when it was requested that the access road be filled with vegetation. Councilman Boggess stated that the Council wouldn't have been planning this if they knew about the right-of-way. Mayor Hirsch) stated the Council should have known from the beginning what it could and couldn't do. Mayor Hirschl feels that the Village has overpaid the engineering firm thus far to get back to square one and requested that the Village be given credit of the money spent thus far to come up with a plan that can be presented to the State that they will approve. Councilman Roth questioned if the Village has any permits. Ms. Brush stated they can't get a permit until they have the authorization of everyone who owns portions of the property where the path is proposed. Mr. Gill stated the existing access can be beautified and meandered so that it won't look like an alleyway. Carolyn Cohen, resident - 9601 Collins Avenue, addressed the Council and requested clarification on the easements from the State and the easements needed from the buildings. Ms. Cohen also questioned if the buildings do not give the easement, where that puts the project. Mayor Hirsch) stated it would stop the project. Ms. Cohen clarified that the Village needs the permission of all the condo owners to go ahead with this project. Dan Nieda, Village Building Official, stated there is an easement that's parallel to the shore that's mandated by the State. Mr. Nieda questioned if it's a dedicated easement. Ms. Brush explained there are two separate easements. The State easement was established relative to the beach renourishment project and falls where the mean high water is. The oceanfront property owners typically owned property out to the mean high water line. By a renourishment project or re -plot of the property, an erosion control line or different property line may be established. The State owns the property seaward of that line. Between the erosion control line and the landward point, where sand from the beach renourishment project was placed (in this case sand was placed all the way up to the bulkhead/back of the properties) the State has a pre-emptive easement for traditional use and access. The property owner still has ownership, but they cannot necessarily develop or use it in the manner that they choose. They cannot obstruct public access because the Council Workshop Meeting 05/12/2000 2 13 State has dedicated funds to it. The width of the pre-emptive easement is from the bulkhead to the erosion control line and it varies by property. The property owners only have to approve those portions of the project that are own their property. If the Village were to move the proposed project seaward of the erosion control line, then it wouldn't require the property owners' authorization, it would only need State approval. Mayor Hirsch) questioned if the Village is required to maintain the access way, then why should a jogging path be put in. He suggested having one path meandering to be used for everything. Ms. Brush stated it would not be the best design because it would be more crowded, but it would be less expensive. Councilman Roth thinks the Village should proceed with a 15 foot wide walking/jogging path and a separate access way. Councilman Boggess stated that this project is being paid for by resort tax funds. It's not being paid for by the oceanfront property owners, and its not for their benefit. The whole idea was to make a tropical beach to enhance the visitors experience. Councilman Roth stated that he conducted a survey and the majority of people using the path were visitors. Mayor Hirsch) stated that it doesn't make sense to spend $1.247 million on an $80,000 jogging path. Mayor Hirsch) questioned the breakdown of the costs. Mr. Treppeda stated that there's $850,000 in landscaping. Mr. Treppeda thinks that if the plan changes, then the prices for the project would also change. Assistant Mayor Tantleff proposed not to do the entire project, but to just do the jogging path. Fix the jogging path so that it continues to the south end (remove the detour) and place it so that it doesn't cross the erosion control line (keep it east so permits aren't needed by the buildings). Councilman Roth stated that would be putting a Band-Aid and thinks the complete job needs to be done. Larry Barbara, resident - 284 Bal Bay Drive, questioned the opinion of the homeowners regarding the access path. Councilman Roth stated that the oceanfront properties want the access road. Stanley Whitman, Developer — Bal Harbour Shops, questioned where the vehicles would go on the plan displayed. Ms. Brush reviewed the vehicle route on the plan displayed, which meanders the current access road and adds vegetation. It would be the same access as now, with more vegetation around it. Ms. Brush stated the State will permit a vegetative area. The Village can vegetate the access drive, but people have to be able to walk on it. They can get this plan permitted; however, if vegetation is proposed for an area that's on the property of the oceanfront owners, authorization needs to be received from them in order to do that landscaping or to leave the path. Mr. Whitman stated there was a plan that was originated by the Resort Tax Committee, endorsed by the Council and endorsed by the Consultants. Now there's a State easement requirement. Mr. Whitman submitted that all of Miami Beach has had their beaches restored and he doesn't know of one that requires vehicles. Mr. Whitman thinks the agreed plan should be submitted to the State and if it requires a variance, then that's okay. Mr, Whitman suggested taking the original plan to the State and to request a variance if that's required. He doesn't think the State will require the Village to maintain an alley. The one path plan took care of the vehicles and the jogging path. Councilman Boggess clarified that the Village would need permission from the property owners to put in the landscaping on their properties. Councilman Roth stated the only objections the buildings have is that they want to have access in case they need a vehicle to access the back of the building for construction, repairs, etc. Council Workshop Meeting 05/12/2000 3 Jaime Valdes, Manager — Sheraton Bal Harbour, stated he wrote a letter to the Council stating that the access road is used to serve the hotel and is absolutely necessary for them to function. The Sheraton is very excited about the plans for landscaping, but also needs the access road. Assistant Mayor Tantleff questioned the Council's opinion on the plan shown, which is the basically the same jogging path and adding vegetation to get rid of the alleyway look for the access road. Councilman Boggess stated this plan adds more vegetation to the east, seaward of the seawalls, which will give more storm protection. So, this is an enhancement for the Village and buildings. Ms. Brush stated that they can increase the meandering if the Council feels that the bowling alley effect isn't quite erased. Thomas Hart, Manager — Bal Harbour 101 Condominium, thinks the plan will be an enhancement; however, their only concem is access. He questioned if the area, where the jogging path is combined with the access road, can support a 20 ton crane. Also, he doesn't think the jogging path should be mixed with the access road. Mr. Hart thinks the access road can be beautified and still allow for access. Mr. Gill stated that the jogging path can support heavy trucks and equipment. Anthony Lackner, Manager — Tiffany Condominium, questioned the landscaping shown on the border of each building. Mr. Gill stated that it varies for each area and there is a typical planting plan (sea oats, cocoa plum, etc.). Mr. Lackner questioned if cranes and trucks can come up to the sea wall. Mr. Gill requested that the buildings let them know which areas they would want clear of vegetation. Mr. Lackner is concerned about the height of the sea grapes relating to safety issues. Councilman Boggess stated that they are trimmed to see through them, not over them. Mr. Gill stated that they are proposing to keep some of the sea grapes and trim them so that a view is seen below them when walking on the jogging path. Those would be adjacent to the property lines between the buildings. The areas of concern from the building view to the ocean, they are proposing to mass hedge the sea grape so it would be 3-5 feet high. Sceavola, which is blocking the view, is proposed to be removed because it's on Miami -Dade County's prohibited list and they don't want it on the beach. John Salaverria, Manager — Majestic Condominium, stated that they are losing some of the access road behind their building. Ms. Brush stated that vehicles will have to go around the vegetation to get to the access road, but there is an opening that's very wide behind their building. If the Majestic feels that it's too constricting, they can evaluate it further. Mr. Salaverria stated that his residents are concerned about the seating area behind their building and people congregating there. Mayor Hirsch) stated that it is a public beach. Mr. Gill stated that there is a seating area in back of every building. Mayor Hirsch) questioned if the Majestic is suggesting that the bench be eliminated behind their building. Mr. Salaverria responded yes. Mayor Hirsch) requested that the bench behind the Majestic be taken out. Marjorie Schell, resident — Balmoral Condominium, stated the only protection from the ocean is the vegetation and meandering is the only practical solution for the jogging path. Ms. Schell stated that an access road is needed for emergency vehicles. Ms. Schell doesn't think that the height of the trees should be cut down. Mr. Barbara questioned provisions for lighting and a bike path. Mayor Hirsch) stated there's no bike path and there's low-level lighting. Ms. Brush stated there are low level Council Workshop Meeting 05/12/2000 4 15 16 ballard, which meet the State's regulation for the protection of nesting marine turtles, and light the path very clearly. Mr. Gill stated the lighting is placed every 70 feet. Mr. Treppeda stated that bikes aren't permitted on the beach by ordinance. Mr. Barbara questioned if it was discussed to allow bikes on the beach. Councilman Boggess stated the Council doesn't want them out there. Mayor Hirsch) stated that's a difficult area to address. Half of the residents want it and half don't. The concem has been that bikers would come from Haulover and bring a lot more activity behind the residential buildings. The Village does not allow biking on its sidewalks, and does not have the width to put a bike lane in; the State won't allow it. Consequently, the Council has not embraced a bike path on the beach. Ms. Cohen questioned if the Sheraton will be able to keep the pavers behind their building. Mr. Gill responded yes. Councilman Boggess stated that the history was that the Sheraton requested permission to put the pavers in with the understanding that if they had to be removed for the new design, then they would do so. However, everyone likes the pavers, so they're going to stay. Mr. Nieda stated that the point needs to be developed from the deck to where the stairs come down. Mr. Nieda suggested that the areas be widened sufficiently so that a truck can be backed up to the deck. Roslyn Myer, Palace Condominium, questioned if the width of the jogging path will be 15 feet. Ms. Brush responded yes. Ms. Myer questioned if the other path is between 12 feet to 30 feet. Mayor Hirsch) responded yes. Ms. Myer questioned the placement of drinking fountains on the jogging path. Mayor Hirschl stated that it wasn't a consideration. Councilman Boggess thinks the Council has a plan it can live with, with some fine tuning, and that the Council should proceed. Mr. Wolpin stated that since this is a workshop meeting, whatever is done today will be finalized at a regular meeting. Mayor Hirschl stated that the motion is not binding until the regular Council meeting. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the displayed plan with the caveat to remove the bench that's located behind the Majestic Condominium and to listen to the instructions of Mr. Nieda in terms of the openings being wide enough at the backs of the buildings. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. 4. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 1:30 p.m. ayor Andrew R. Hirsch) Attest: Joel? nette Horton, CMC/AAE/CLO illage Clerk lelw Council Workshop Meeting 05/12/2000 5