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Home My Public Portal About05-24-05 Zoning Meeting.tifMINUTES ZONING MEETING KEY BISCAYNE, FLORIDA TUESDAY, MAY 24, 2005 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 Enrique Garcia, Steve Liedman, Jorge E Mendia, Thomas Thornton, Patncia Weinman, Vice Mayor Robert L Vernon and Mayor Robert Oldakowski Also present were Village Manager Jacqueline R Menendez and Village Attorney Stephen P Helfman 2 PLEDGE OF ALLEGIANCE Former Councilmember Mortimer Fned led the Pledge of Allegiance 3 AGENDA Councilmember Weinman requested the addition of appointment of Mr Frank Caplan to the Vision Committee as Item 8A2 and Councilmember Liedman requested the addition of a clarification on the Fire Rescue transport fees as Item 8A3 There was no objection to the agenda changes 4 SPECIAL PRESENTATION Mr Fausto Gomez addressed the Council reporting on the legislative agenda Mr Gomez reported the successes in Tallahassee for the Village of Key Biscayne in the amount of $4 million dollars 1 of May 24 2005 5 APPROVAL OF MINUTES Councilmember Garcia made a motion to approve the minutes of the May 10, 2005 Regular Council Meeting The motion was seconded by Councilmember Weinman and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes 6 ORDINANCES The Attorney read the following ordinance on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $3,500,000 OF TRANSPORTATION TAX REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS, AND PROVIDING AN EFFECTIVE DATE Councilmember Liedman made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Mendia The Manager and Finance Director Randolph G White addressed the Council regarding this ordinance The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing The ordinance was adopted on first reading by a 7-0 roll call vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes The second reading of this ordinance will be on June 14, 2005 The Attorney read the following ordinance on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-102 "GU GOVERNMENTAL USE DISTRICT" OF CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA, BY ADDING A SCHEDULE OF PERMITTED USES AND REGULATIONS FOR PUBLIC BEACHES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE Councilmember Garcia made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Mendia 2of8 May 24 2005 The Manager and Building, Zomng and Planning Director, Jud Kurlancheek addressed the Council regarding this ordinance The Mayor opened the public hearing The following persons addressed the Council Adrian Rene Czahar, Commodore Club East, Celia M Von Specht, Commodore Club East, Alexander D Varkas, Jr , 155 Ocean Lane Dnve, Rick Fuentes, 881 Ocean Dnve, Michael Kahn, 881 Ocean Dnve, Deidre Ashe, 605 Ocean Dnve, Michele Estevez-Hayes, 800 Crandon Boulevard, Guido Conill, 600 Grapetree Dnve, Mike Steffans, 615 Ocean Dnve, Mortimer Fned, 291 Harbour Court, Andy Langesfeld, 425 Grand Bay Dnve, Veronica Vidal, 303 Galen Dnve, Hector Meneses, representing the Grand Bay Club, 425 Grand Bay Dnve, Peter Michelin, 425 Grand Bay Dnve, Richard Johnson, Ocean Lane Dnve, Kiki Kuhnert, 151 Crandon Boulevard, Susan Amick, 100 Ocean Lane Drive, Peggy Mathews, representing American Watercraft Association, Tallahassee, Flonda Serge Barder, 211 Cape Flonda Dnve and Raymond Cote, 170 Ocean Lane Dnve The Mayor closed the public hearing The Attorney addressed the Council regarding this ordinance Vice Mayor Vernon made a motion to amend Section (g) Supplementary Regulations (8) by inserting the following language at the end of the first sentence "unless overnight storage on the public beach is approved as part of a Beach Management Plan" The motion was seconded by Councilmember Thornton and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes It was the consensus of Council to amend Section (0 Beach Management Plan (1) changing the submission of the Plan from the Building, Zoning and Planning Director to the Village Manager It was also the consensus of Council to amend the effective date of this ordinance to 60 days following adoption on second reading Councilmember Thornton made a motion to approve the language, as presented, regarding the use of motonzed vehicles on the beach The motion was seconded by Councilmember Liedman and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes It was the consensus of Council to add the following language, after personal watercraft, in Section (g) Supplementary Regulations (9) four stroke engine or latest technology The ordinance, as amended, was adopted on second reading by a 7-0 roll call vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes 3 of May 24 2005 The Attorney read the following ordinance on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 4-32 "PROHIBITED WATER ACTIVITY" OF CHAPTER 4 "BOATS, VESSELS AND WATERCRAFT" OF THE CODE OF KEY BISCAYNE, FLORIDA, BY PROVIDING THAT VILLAGE COUNCIL SHALL AUTHORIZE EXCEPTIONS IN LIEU OF VILLAGE MANAGER, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE Councilmember Garcia made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Liedman Director Kurlancheek addressed the Council regarding this ordinance The Mayor opened the public hearing The following persons addressed the Council Rick Fuentes, 881 Ocean Dnve, Michael Kahn, 881 Ocean Dnve and Diana Garmendia, 881 Ocean Drive The Mayor closed the public heanng The ordinance was adopted on second reading by a 7-0 roll call vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes The Attorney read the following ordinance on second reading, by title AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 17 "NOISE" OF THE VILLAGE CODE TO ENHANCE REGULATIONS AND RESTRICTIONS ON NOISE, PROVIDING FOR PENALTIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Vernon made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Garcia The Attorney, Director Kurlancheek and Chief of Police Charles R Press addressed the Council regarding this ordinance The Mayor opened the public hearing The following persons addressed the Council Serge Barder, 211 Cape Flonda Dnve, Mike Steffens, 615 Ocean Dnve, Mark Bainbridge, Ocean Club Community Association and Michele Estevez-Hayes, 800 Crandon Boulevard The Mayor closed the public hearing 4of8 May 24 2005 Vice Mayor Vernon made a motion to extend the meeting to 11 30 p m The motion was seconded by Councilmember Liedman and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes Mayor Oldakowski made a motion to defer the adoption of the ordinance to the meeting of June 14, 2005 The motion was seconded by Vice Mayor Vernon and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes The Attorney read the following ordinance on second reading, by title AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 17 "NOISE" OF THE VILLAGE CODE BY CREATING SECTION 17-8 "F*L-SE BURGLAR ALARMS", PROVIDING FOR PENALTIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE Councilmember Garcia made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Weinman The Manager addressed the Council regarding this ordinance The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing The ordinance was adopted on second reading by a 7-0 roll call vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes The Attorney read the following ordinance on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", BY AMENDING ARTICLE I "IN GENERAL", BY AMENDING SECTION 2-1 "CREATION OF DEPARTMENTS" AT PARAGRAPH (a) "CREATED", TO REPEAL THE REFERENCE TO THE CONSOLIDATED "PUBLIC SAFETY DEPARTMENT" AND TO INSTEAD CREATE A SEPARATE FIRE RESCUE DEPARTMENT AND A POLICE DEPARTMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE VILLAGE CODE, PROVIDING FOR EFFECTIVE DATE 5 of 8 May 24 2005 Vice Mayor Vernon made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Garcia The Manager addressed the Council regarding this ordinance The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing The ordinance was adopted on second reading by a 7-0 roll call vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes The Attorney read the following ordinance on second reading, by title A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF CRANDON BOULEVARD IMPROVEMENTS — PHASE II OF THE VILLAGE, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT IMPROVEMENTS ON CRANDON BOULEVARD AND AT CERTAIN ROADWAYS IN THE VICINITY OF CRANDON BOULEVARD, AS DESCRIBED HEREIN, AUTHORIZING EXPENDITURE OF FUNDS, PROVIDING FOR NOTICE OF ORDINANCE ADOPTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE Councilmember Garcia made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Weinman The Manager addressed the Council regarding this ordinance The Mayor opened the public heanng There were no speakers present The Mayor closed the public hearing The ordinance was adopted on second reading by a 7-0 roll call vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes 7 RESOLUTIONS The Attorney read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AWARD OF CONSTRUCTION CONTRACT TO M VILA AND ASSOCIATES, INC , FOR CRANDON BOULEVARD IMPROVEMENTS — PHASE 6of8 May 24 2005 II, PROVIDING FOR APPROVAL OF CONTRACT FOR CONSTRUCTION, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE The Manager and Ramon Castella, 3CTS addressed the Council regarding this resolution Vice Mayor Vernon made a motion to approve the resolution The motion was seconded by Councilmember Garcia and approved by a 7-0 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman, Vice Mayor Vernon and Mayor Oldakowski voting Yes Councilmember Garcia made a motion to extend the meeting to 11 35 p m The motion was seconded by Councilmember Liedman and approved by a 6-1 voice vote The vote was as follows Councilmembers Garcia, Liedman, Mendia, Thornton, Weinman and Mayor Oldakowski voting Yes Vice Mayor Vernon voting No 8 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Liedman addressed the Council regarding the improvements to Ocean Lane Dnve Director of Public Works Armando Nunez addressed the Council reporting that the improvements are scheduled to start by July 2005 Councilmember Weinman addressed the Council recommending the appointment of Mr Franklin Caplan to the VISION Committee It was the consensus of Council to place this item on the agenda for the June 14, 2005 Meeting Councilmember Liedman addressed the Council regarding the proposed Fire Rescue transport fees Village Attorney The Attorney did not submit a report Village Clerk The Clerk did not submit a report Village Manager The Manager addressed the Council regarding mosquito control 9 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 10 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 11 ADJOURNMENT The meeting was adjourned at 11 35 p m 7of8 May 24 2005 tfully submitted onchita H Alvarez, CMC Village Clerk he Approved this 14th day of June , 2005 /iAOCcGu4. L_ - Robert Oldakowski 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 8of8