HomeMy Public PortalAbout1990-05-15 Regular Meeting`13l
COUNCIL MINUTES
MAY 15, 1990 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village Council
was held on Tuesday, May 15, 1990 at 9:30 a.m. in Village Hall.
The meeting was called to order by Mayor Estelle Stern and the
roll was called. Those present were:
Mayor Estelle Stern
Asst. Mayor Matthew B. Blank
Councilman Sol M. Taplin
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Also Present: Carole S. Morris, Village Manager
Richard J. Weiss, Village Attorney
Teresa Smith, Admin. Assistant
Having a quorum present, Mayor Stern called the first item
Item #2. Approval of Minutes: April 17, 1990
C/M Hirschl moved and Asst. Mayor Blank seconded a motion to
approve the minutes as presented.
Vote Taken: All Voted Aye
Item #4. Public Hearing - Request by Anthony Marsolino - owner
of property located at Lot 1, Block 5, Bal Harbour Residential
area, 143 Balfour Drive for a variance to permit an existing
tool shed to remain on the property on less than the usual
setback from adjoining property.
Carole Morris, Village Manager, stated that a phone call was
received late in the afternoon on the previous day from John
Shields, attorney for Mr. Marsolino. He stated that neither he
nor his client, Mr. Marsolino, would be able to attend the
meeting today and requested that the hearing be deferred until
the June meeting.
Richard Weiss, Village Attorney, advised that the Council could
either hear the item or defer it to the next meeting with re -
advertising costs being borne by Mr. Marsolino.
Asst. Mayor Blank moved to defer the item to the next meeting
with Mr. Marsolino paying whatever additional expenses are
involved. C/M Hirschl offered an amendment to the motion that
the item be heard at the June meeting with no further
postponements. C/M Boggess seconded the motion as amended.
Vote Taken: All Voted Aye
Item #5. Ordinances - Second Reading. - An Ordinance amending
Code Section 12-21 specifying time restriction for certain
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noises.
Teresa Smith, Admin. Asst. read the ordinance by title.
Mayor Stern opened the public hearing.
Mrs. Morris stated that the purpose of this ordinance is to clean
up the existing Code so there is one set of working hours for the
entire community, year round.
There being no comment from the public, C/M Boggess moved and C/M
Taplin seconded a motion to adopt this ordinance on second and
final reading.
Vote Taken: A11 Voted Aye
Mayor Stern closed the public hearing.
Item #7. Resolutions -
Ordinance No. 347 Passed
A. A Resolution authorizing the Village Manager to execute a
Mutual Aid Agreement between Bal Harbour and Metropolitan Dade
County.
Mrs. Morris stated that a copy of this agreement was included in
the Council packets. The Village has an existing agreement with
the County; however they are updating their agreements so that
all their agreements will be in the same format. This is a
housekeeping item.
C/M Taplin moved and Asst. Mayor Blank seconded a motion to
approve this Resolution.
Vote Taken: A11 Voted Aye Resolution No. 409 Passed
B. A Resolution urging the City of North Miami, in coordination
with other transportation related agencies, to improve the flow
of traffic on 125th Street.
Mrs. Morris presented this item by stating that she has spoken to
some of the Council members since the last roadway impact fee
meeting, while others have read about the matter in the weekly
update memos. The Village is involved in meetings with other
communities in the area as to how the roadway impact fee funds
will be spent. One of the topics of concern to Bal Harbour, Bay
Harbor and Surfside is access to I-95, the primary route to which
is 125th Street.
Some years ago the County approached North Miami to widen 125th
Street including left turn lanes to improve the traffic flow.
The North Miami Council opposed the idea. The County has taken a
position that if Bal Harbour, Bay Harbor and Surfside and North
Miami now want something done to improve the roadway, they have
5/15/90 Reg. Council Mtg. 2.
2,33
to enact Resolutions indicating their positions. At that time,
the County will begin to work again with North Miami to make the
improvements. The County is reviewing various ideas such as
limiting left turns and parallel arteries which would provide for
additional traffic flow.
C/M Boggess moved and Asst. Mayor Blank seconded a motion to
adopt this Resolution.
Vote Taken: A11 Voted Aye Resolution No. 408 Passed
Item #8. Reports
A. Mayor and Council
Mayor Stern addressed a situation regarding Dr. Elias advertising
new facilities in his office.
Mrs. Morris stated that since his office is located within the
Oceanfront Zoning District, there are restrictions that exist
which are unique to that area as relates to advertising. The
businesses located in that area are primarily for the convenience
of the building residents. Consequently, outside advertising has
been discouraged because it is defeating the intent of the Code.
Dr. Elias believes that he needs to continue the advertising as a
part of his practice.
The matter is brought to Council for a determination of whether
an amendment to the Code would be desirable or to stand firm as
the Code exists.
C/M Boggess stated that he has spoken with Dr. Elias about this
problem. He has discouraged businesses going into that area
because of the advertising bringing people in from other areas.
However, the practice of medicine is no longer what it once was.
He suggested to Dr. Elias that he notify his patients by mail of
the additional facilities available. Dr. Elias stated that under
the new Medicare regulations, the doctor doesn't always have the
patients' addresses because they no longer bill the patient. Dr.
Elias stated that unless he is able to advertise the new services
offered, he would not be able to keep his practice in Bal Harbour
because of the economics of the medical profession.
C/M Boggess added that while he doesn't believe in bending the
rules too much, he feels that Dr. Elias's practice is an asset to
the Village. The Council may have to do whatever is necessary to
allow them to function in a proper manner.
Mayor Stern stated that Dr. Elias said the advertising is not on
a continuing basis, but from time to time when new facilities or
physicians are added to his staff.
The Village Attorney stated that in the Oceanfront District there
5/15/90 Reg. Council Mtg. 3.
234
is no prohibition against advertising. The reason why he and
the Village Manager feel that advertising, under the current
Code, is inappropriate is because the businesses in that district
are supposed to be directed toward the building residents. By
advertising, a business is no longer primarily serving the
residents of the building. It is up to Council, at this point,
to tell staff if that is Council's interpretation as well, or if
they wish to go in a different direction.
C/M Taplin stated that he believes the majority of the patients
are from Bal Harbour and that Dr. Elias is serving the community,
doing an outstanding job for the past 10-15 years. The fact that
he advertises doesn't make any difference to what he has been
doing in the past several years. C/M Taplin stated that he would
be very much in favor of Dr. Elias continuing what he has been
doing.
C/M Hirschl stated that in addition to Dr. Elias being in the
Harbour House, there is also a dentist, a florist, travel agency
and boutique. If the Village takes action toward one business,
the same actions should be taken toward all.
Asst. Mayor Blank agrees with Dr. Hirschl. He has no objection
to Dr. Elias advertising, but he doesn't think this should be for
one type of business or individual. If Dr. Elias is permitted to
advertise then others should be permitted as well.
C/M Taplin stated that a doctor who is serving the community
should not be treated in the same manner as a florist or other
retail business.
C/M Boggess stated that while a medical office needs to be
operated in a business like manner, it is much different than a
retail business. Whatever needs to be done in order not to lose
Dr. Elias and his associates, including changing the ordinance,
should be done.
Mr. Weiss stated that if the Council wants to allow doctors to
advertise, then Council should provide an exception for doctors
and dentists and other medical professionals.
C/M Hirschl feels that Council should be very careful in how
changes are effectuated. He sees a potential problem in the
future, not specifically with Dr. Elias, but with other medical
professionals coming in at some time in the future and bringing
in patients from other communities.
Mr. Weiss stated that it is not the advertising that is
prohibited in the Code. He is not sure that advertising could be
prohibited. The Code is trying to regulate who the intended
market is. The issue of advertising is being used as an
indication of the market they are seeking to serve.
5/15/90 Reg. Council Mtg. 4.
35
Mr. Bruno, resident, stated that Dr. Elias is an exceptional
doctor. He makes house calls and an exception should be made for
him alone.
Mr. Bill Gavigan, resident, stated that he has noticed the
information that has come out about the various ordinances. He
believes it would be well for all to keep in mind that the less
supervision and management under which people live and function
the better.
Asst. Mayor Blank does not believe an exception should be made
for one individual. The issue under discussion is advertising,
not Dr. Elias as an individual businessman.
Richard Weiss, Village Attorney, stated that the only way he
knows to deal with the issue is to deal with who the
practitioners are intended to serve. He added that the Council
can make a legislative finding that this type of advertising,
done in a limited scope, shall not be deemed to be attempting to
serve people outside the building (if the intent is to serve
people in the Village at large). Council's intent is for service
to residents of the Village and the doctor may advertise only on
the occasions when a new service is being offered that patients
are not aware of.
In response
that there
advertising
to a question from C/M Hirschl, Mrs. Morris indicated
have been sporadic problems in the past with
in that district.
Mr. Weiss stated that he would draft an ordinance to address
Council's wishes for the next meeting. The ordinance would say
that the various convenience businesses in the buildings are to
serve the residents in the specific buildings except for doctors
and dentists who would primarily serve people in the Village.
Mr. Weiss would like to research the point of the doctors
advertising directly to the residents of Bal Harbour. This might
be considered an infringement of First Amendment rights.
C/M Boggess pointed out that
condominiums can only be used
because of the security in
where Dr. Elias is located is
building.
the convenience businesses in the
by the residents of the building
the buildings. The Harbour House
different because it is a rental
Mayor Stern suggested that the "public buildings" such as the
hotels and the Harbour House be handled separately.
5/15/90 Reg. Council Mtg.
5.
23b
Mrs. Morris stated that there are two categories in the Code -
there are apartment buildings and also hotels with over a hundred
rooms. The businesses in these hotels operate under different
guidelines because of the size of the hotels.
Discussion was held on the size of the buildings within the
Oceanfront District and which ones can support certain types of
businesses due to the number of residents in those buildings, and
whether or not specific businesses may or may not advertise.
Mr. Weiss clarified the Code by saying that there is no
prohibition on advertising, the regulation is to who the business
may serve (specifically, the residents of the particular building
in which the business is located).
Further explanation was given that the hotels with over 100 rooms
are regulated differently than those with under 100 rooms. Since
the Harbour House has 50 hotel rooms, the suggestion was made to
change the law by lowering the number of hotel rooms in order
that the Harbour House could be regulated in the same manner as
the other hotels. Mayor Stern reiterated her suggestion to set
up two districts - one for condominiums and one for public
buildings with the Harbour House being classified as a public
building.
Item 8.B. Village Attorney - No Report
Item 8.C. Village Manager
1. Police Department - authorization to purchase three (3)
vehicles from the Florida Highway Patrol - Mrs. Morris stated
that the Village has established the practice of purchasing used
FHP vehicles for the Police Department. It is less expensive to
put them on the road and maintain. They are used for about two
years after which time they are surplused or retired. They have
to be purchased when they become available when the FHP purchases
its new vehicles. There are vehicles available now and the
Village will be retiring three of the less serviceable vehicles.
There is money available in the budget for this purchase.
C/M Boggess is in favor of the program. He believes the police
cars should be painted different colors, however, more in keeping
with the spirit of the Village. Mrs. Morris stated that the
Village went to the black bottom because the FHP cars are black.
If the Council is looking to change the color scheme of the
police cars, it might be something to address with the new Police
Chief when appointed.
C/M Boggess moved and C/M Taplin seconded a motion to approve
this purchase.
Vote Taken: A11 Voted Aye
5/15/90 Reg. Council Mtg. 6.
237
2. Hedge Height Regulations - Residential Area - ref:
Zoning Code Section 5-8.e. - Mrs. Morris stated that at a Civic
Association meeting she attended the concern of hedge height was
brought to the floor. The current Code requires a maximum of 5
feet above the crown of the road which is actually about 6 1/2 to
7 feet high. Discussion was held regarding raising the height or
eliminate the restriction. Mrs. Morris contacted various other
communities to determine their regulations. Coral Gables has a 3
foot restriction which is enforced only if there is an
obstruction. Miami Beach has a 5 foot front yard height and 10
feet for side and rear yards. Bay Harbor Islands has a 5 foot
limit and Boca Raton's limit is 6 feet. Palm Beach has no limit
as long as the hedge does not obstruct a driver's visibility.
Ted Blum, 111 Bal Bay Drive, stated that he drove the length of
Bal Bay Drive to observe the various hedge heights. Along the
street, 31 of the 55 homes have hedges in excess of 6 feet. When
he moved to Bal Harbour 21 years ago, he put in a hedge on three
sides of his property which is about 9 1/2 or 10 feet high now.
The hedge gives him privacy as well as his neighbors on both
sides. Mr. Blum does not believe his hedge is offending anyone,
nor is it obstructing traffic. He believes the hedges are a
valuable asset both for security purposes and aesthetically. He
would not like to see any of these hedges have to be changed
except for any that may be identified as causing a problem for
traffic flow.
Mr. John Looby, 220 Bal Bay Drive, and Mr. William Whitman, 189
Bal Bay Drive agree with Mr. Blum's comments.
Mrs. Morris stated that the reason for bringing up this issue is
because of the enactment of the new Code Enforcement ordinance.
Since the Special Master will have to address various laws in the
Code, it was felt that the Code should be reflective of the
wishes of the residents.
C/M Hirschl, 176 Bal Bay Drive, believes that the privacy given
by the hedges is more important than any view than may be lost.
C/M Hirschl moved to amend the Code to rewrite the hedge
restrictions to make the hedge height unrestricted unless it
impairs drivers' visibility. Asst. Mayor Blank seconded the
motion.
C/M Boggess questioned how a problem hedge would be handled that
would be growing uncontrollably. Mrs. Morris suggested language
in the amendment to the extent that the hedge would have to be
kept trimmed back, etc.
Vote Taken: A11 Voted Aye
3. Authorization to refer zoning
Attorney - Mrs. Morris stated there is a
a tool shed that is located in the setback.
5/15/90 Reg. Council Mtg.
violation to Village
property owner who has
He has been notified
7.
238
and has been requested to apply for a variance. The property
owner did contact the Building Official, however, he never came
in to file the application. He had been given 30 days to do so
which time has expired.
Council indicated that the matter should be referred to the
Village Attorney for action.
Item #9. Other Business
A. Mrs. Morris brought up the matter of the noise problem at
Sunday's On the Bay. Mrs. Morris stated that a letter was
received from the Civic Association expressing its concerns. She
spoke to a representative from the County Parks and Recreation
Department who stated that it was his plan of action to schedule
a meeting with Sunday's owner to say that the County does not
want to be in the middle of the noise complaints, that he has one
last opportunity to get the music under control or the music will
not be permitted on the barge.
A member of the audience presented comments relating to private,
profit making concessions being permitted in the Haulover Park
area which appear to carry the potential of creating a liability
to the citizens in terms of injury and litigation. He stated he
has also heard about the possibility of a water theme park being
constructed in the Haulover area which would be a detriment to
the entire area and cause a "honky tonk" atmosphere. He said the
park is a great asset to the County and residents and that the
residents should be very vocal as to how the area should be
utilized.
Mayor Stern and Village Manager, Carole Morris, stated that the
proposal for Haulover is to put a Wet N' Wild water theme park in
the area. The golf course is losing approximately $20,000.00 per
year and so the County is looking for an activity that will
produce revenue.
C/M Hirschl stated that he would like the Council to direct the
Village Manager to draft a letter to the County expressing the
very strong objection of the Council to any proposal that would
allow such activities being built at Haulover.
C/M Taplin suggested that expanding and upgrading the golf course
would be more beneficial than eliminating it. C/M Taplin
suggested that the Village Manager contact the proper County
officials to find out if the golf course could be improved.
Mrs. Morris stated that at the time the Village first heard of
the prospect of the Wet N' Wild development she did write to the
County Manager expressing strong concerns. His response was
basically that if the Village is so concerned perhaps a deal
could be worked out whereby the Village would take over the
5/15/90 Reg. Council Mtg. 8.
property and make whatever improvements it wants to.
239
Mr. Bruno, resident, advised Council to check into taking over a
golf course and expanding it very carefully because it is a very
expensive operation.
Mr. Dudley Whitman, resident, suggested that the Mayor contact
the hotels to tell them what facilities are available at Haulover
for them to inform their guests, for increased utilization.
C/M Hirschl stated that the Sunny Isles Resort Association is the
group that initiated this issue of putting in an "attraction"
before the County Commission for the benefit of their hotels and
motels. The Village Council should go on record very strongly
expressing it's opposition to this proposal and that the Council
wants to explore alternatives with the proper County officials.
B. Trash Transfer Station - Objections from Gerald Hart - Mr.
Gary Stein, represented Mr. Hart, by stating that Mr. Hart is
concerned about the improvements being made to the property
adjoining his house near the Bal Harbour Club. He stated that
Mr. Hart was informed that the site was not going to be expanded,
only replaced and improved. Upon observation, Mr. Hart has
noticed that there is going to be a significant expansion of the
trash transfer station which he doesn't feel is necessary.
After meetings with Mr. Wheldon, Public Works Superintendent, and
a review of the site plan, it is Mr. Hart's conclusion that the
work being done far exceeds that reflected on the site plan. Mr.
Hart also spoke with his neighbors who were concerned as well.
Mrs. Morris reviewed the history of the project by stating the
recurring problems of the dump overflowing, the dump itself was
in very poor condition, severe rodent problems existed and the
road was sinking in. Mrs. Morris presented the plan as that of
an expansion of the site to prevent the overflowing situation
from happening again. The easement was renegotiated with the Bal
Harbour Club in order to accommodate the growth. There is only
one change to the original site plan that Council was not aware
of, other than drainage changes required by the County, which is
one additional parking space for the dock master near his house
which was requested by the Club.
Mrs. Morris stated that she met with Mr. Hart and explained that
the project would be an expansion and after the project is
completed if there were problems such as landscaping, she would
work things out with him.
Asst. Mayor Blank stated that he visited the area and observed
that the parking area appears to be large enough to accommodate 8
to 10 cars and is practically in Mr. Hart's back yard.
5/15/90 Reg. Council Mtg. 9.
Mr. Stein responded that Mr. Hart has no objection to a
240
renovation and expansion of the dump site nor to the road
improvements. His objection is that the improvements are
exceeding the site plan.
Mrs. Morris stated that she received approval from the Council
relative to the changes required by the County. The parking
space was an addition that apparently was requested by the Club
to the contractor directly about which she knew nothing and
assumes the Club is paying for directly.
Richard Weiss, Village Attorney, stated that if the Club is doing
some construction, the only control the Village has over that is
in terms of 1) making sure that it is within zoning; 2) making
sure it is within the uses permitted within the zoning; and 3)
building permits would be required.
Mr. Stein said that Mr. Harts' objections are to the extent that
the improvements shouldn't interfere with his property rights,
such as automobile lights shining into the rear of his house at
night which would disturb the tranquility of his home.
Mr. Tony Riso, resident, expressed the opinion that he doesn't
see a problem with the club constructing several parking spaces
as long as it is within the law. If the property is owned by the
Club they have a right to develop it as they see fit within the
law.
Mr. Weiss stated that it appears that the Club has piggybacked
it's project onto the that of the Village and the records should
be checked to insure that the club has done everything it should
have within the law.
Item #10. Adjourn
There being no further business, C/M Boggess moved and C/M
Hirschl seconded a motion to adjourn the meeting at 11:00 a.m.
Attest:
Vil
lage e Clerk
5/15/90 Reg. Council Mtg.
Mayor Stern
10.