HomeMy Public PortalAbout02-26-13 - Zoning Meeting.tifMINUTES
ZONING MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, FEBRUARY 26, 2013
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Mayor at 7:00 p.m. Present were Councilmembers Michael W. Davey, Theodore Holloway,
Edward London, James S. Taintor, Vice Mayor Mayra Lindsay and Mayor Franklin H. Caplan.
Councilmember Michael E. Kelly was absent. Also present were Village Manager John C. Gilbert,
Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfman.
2. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
3. RICKENBACKER/BEAR CUT BRIDGE UPDATE: The Manager addressed the Council
regarding the amount of significant traffic experienced on February 18 and also there was some
backup traffic when the striping on Bear Cut Bridge took place on February 22, 2013. The County
will be back to give an update at the March 5th Council Meeting.
4. BRIEF COMMENTS BY COUNCIL: Mayor Caplan congratulated Conner Vernon, son
of former Mayor Robert Vernon, who participated in the NFL combine.
5. SPECIAL INTRODUCTIONS: The Manager and Chief of Fire Rescue Eric Lang
introduced the new Fire Chief of Miami -Dade County Fire Department, Chief Dave Downey. Chief
Downey addressed the Council and the public.
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6. AGENDA: Councilmember Davey requested the addition of a consideration of hiring a
traffic engineering with safety expertise to discuss the ongoing problems the Village residents have
with the Rickenbacker Bridge as Item 11A5, also requested an update on the sewage issue with
Pump 136 as Item 11A6 and also requested the addition of a discussion regarding the upcoming
Tennis Tournament as Item 11A7; Vice Mayor Lindsay requested the addition of a discussion
regarding the entry block and the appraisals as Item 11A8 and Councilmember Taintor requested to
remove Item 7 from the Consent Agenda and the addition of a discussion regarding the Library
property as Item 11A9; the Manager requested the withdrawal of Item 11 D 1 and the Attorney
requested the deferral of Item 9A1 to the March 5th Council Meeting and also requested the addition
of a resolution regarding the engagement of two firms to perform an appraisal of the "entry block"
as Item 10A. There was no objection to the agenda changes.
7. CONSENT AGENDA: Councilmember Taintor requested to remove Item 7 from the
Consent Agenda.
The Manager addressed the Council requesting authorization to issue the Village of Key Biscayne
Landscape Request For Proposals.
Councilmember Davey made a motion to authorize the Village Manager to issue the Village of Key
Biscayne Landscape request for proposals. The motion was seconded by Vice Mayor Lindsay.
Councilmember London proposed to mail the Landscape RFP to a list of large landscape contractors.
Councilmember Taintor addressed the Council regarding some concerns about the insurance. Vice
Mayor Lindsay addressed the Council regarding the amount of people required to work.
Building, Zoning and Planning Director Jud Kurlancheek addressed the Council regarding the
different places that the Village maintains.
The Davey motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers
Davey, Holloway, London, Taintor, Vice Mayor Lindsay and Mayor Caplan.
8. APPROVAL OF MINUTES: There were no minutes considered by Council.
9. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
CHAPTER ENTITLED "RESPONSIBLE PROPERTY OWNER AND MERCHANT ACT"
ADOPTED BY THE VILLAGE UPON INCORPORATION FROM THE MIAMI-DADE
COUNTY CODE; AMENDING CHAPTER 6 "BUILDINGS AND BUILDING
REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY CREATING
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ADDITIONAL PROPERTY MAINTENANCE STANDARDS THROUGHOUT THE
VILLAGE; PROVIDING FOR DEFINITIONS; PROVIDING FOR MAINTENANCE
REGULATIONS RELATING TO STRUCTURES AND LOTS WITHIN THE VILLAGE;
PROVIDING FOR MAINTENANCE REGULATIONS RELATING TO THE APPEARANCE
OF PROPERTY UPON WHICH CONSTRUCTION OR DEMOLITION IS BEING
PERFORMED; AMENDING THE CODE TO INCLUDE PENALTIES FOR VIOLATION
OF THIS ARTICLE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
This ordinance was withdrawn by the Village Attorney.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 30 "ZONING AND LAND DEVELOPMENT REGULATIONS" BY AMENDING
ARTICLE II "DEFINITIONS," SECTION 30-11, BY CREATING A "PERMANENT
HARDSCAPE FEATURE" DEFINITION, AND AMENDING ARTICLE IX "LANDSCAPE
REGULATIONS," SECTION 30-235, RELATING TO TREE REMOVAL PERMIT
REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to continue the second reading of this ordinance to the March
12, 2013 Council Meeting. The motion was seconded by Vice Mayor Lindsay and approved by a
6-0 voice vote. The vote was as follows: Councilmembers Davey, Holloway, London, Taintor, Vice
Mayor Lindsay and Mayor Caplan.
10. RESOLUTIONS: The Attorney read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA
APPROVING THE ENGAGEMENT OF PATRICIA S. HAYES AND ADRIAN GONZALEZ
& ASSOCIATES, P.A. TO PERFORM SEPARATE REAL ESTATE APPRAISALS FOR
THE PROPERTY KNOWN AS THE "ENTRY BLOCK"; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE.
The Attorney addressed the Council regarding the proposed resolution.
It was the consensus of Council to direct the Attorney to bring before Council, for the March 5th
meeting, a new resolution with local appraisals firms.
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11. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember London addressed the Council regarding zoning
changes.
Councilmember London made a motion to direct the BZP Department to study and come back to
Council at the next meeting with zoning changes to provide maximum rear yard and minimum front
yard for single family homes in order to provide residents maximum privacy between homes.
BZP Director Kurlancheek addressed the Council reporting that this will be discussed at the next
Construction Protocol Workshop.
Councilmember London addressed the Council regarding the elimination of overhead power lines
and elimination of easements behind homes.
Ramon Castella, with C3TS and Aletha Player with FPL addressed the Council making a
presentation regarding the elimination of overhead power lines.
Mayor Caplan addressed the Council proposing to set a date for a second construction protocol
Workshop. It was the consensus of Council to hold this Workshop either on April 23 (depending
if there are zoning issues scheduled for that date) or on April 30, 2013 at 6:00 p.m. in the Council
Chamber.
Vice Mayor Lindsay introduced Gene Stearns who made a presentation regarding long term plans
for Bear Cut Bridge and also a discussion took place on the different building options for the Bear
Cut Bridge and the best long-term plan in the best interest of Key Biscayne residents.
There was extensive discussion from Council regarding the next steps to take with Miami -Dade
County in regards to the bridge.
The Attorney also addressed the Council regarding this issue.
It was the consensus of Council to direct the Attorney to draft a resolution for the next Council
Meeting urging Miami -Dade County to go out with an RFP for an immediate short term repair and
a long term analysis.
Councilmember Davey addressed the Council requesting to consider hiring a traffic engineering with
safety expertise to address the ongoing problems the Village residents have with the Rickenbacker
Bridge to study the traffic on Rickenbacker Causeway.
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February 26, 2013
Councilmember Davey made a motion to direct the Manager to find a traffic engineer with safety
expertise for a review of the circumstances on Bear Cut Bridge. Councilmember Davey withdrew
his motion.
Councilmember Davey requested an update on the sewage issue with Pump 136. Public Works
Superintendent Tony Brown addressed the Council regarding this issue.
Councilmember Davey also addressed the Council regarding the upcoming tennis tournament as it
relates to the Key Biscayne Chamber of Commerce. Mayor Caplan addressed the Council regarding
the location of the KB Chamber of Commerce tent at the Tennis Tournament.
Vice Mayor Lindsay addressed the Council regarding the entry block and the requested appraisals
stating that this item will be discussed at the next Council Meeting.
Councilmember Taintor addressed the Council regarding the Library property. The Attorney
addressed the Council regarding the deed on the library property.
Village Attorney. The Attorney addressed the Council giving an update on the proposal of a WASD
Consultant. The Attorney reported that a letter was sent to the Biscayne Bay Water Keeper, Inc.
Village Clerk. The Clerk did not submit a report.
Village Manager. The Manager withdrew his item to the March 12th Council Meeting.
12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
13. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
14. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of meetings and future
events was presented to the Council.
15. ADJOURNMENT: The meeting was adjourned at 10:10 p.m.
Res ' ully subm
Conchita H. Alvarez, MMC
Village Clerk
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February 26, 2013
Approv his 9th f"aylo April 2013:
FraWlin)I. Caplan
Mayor
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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