HomeMy Public PortalAbout08-26-03 Zoning Meeting.tifMINUTES
ZONING MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, AUGUST 26, 2003
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 Martha F Broucek, Carol Diaz -Castro,
Mortimer Fned, James L Peters, Robert L Vernon, Vice Mayor Jorge Mendia and Mayor Robert
Oldakowski Also present were Village Manager Jacqueline R Menendez, Village Clerk Conchita
H Alvarez and Village Attorneys Gary Resnick and Stephen P Helfman
2 PLEDGE OF ALLEGIANCE Mr Sixto Campano led the Pledge of Allegiance
The Clerk addressed the Council and the public reporting that the agenda was not posted on the web
site due to technical difficulties
3 SPECIAL PRESENTATION Mr Juan Kuryla, Assistant Port Director/Intergovemmental
Affairs with the Port of Miami and Ms Becky Hope, Dredging Engineer made a presentation
regarding the Dredging Project Cameron Perry with Coastal Engineers addressed the Council
regarding this project
4 AGENDA The Clerk requested to substitute Item 8D with an ordinance on first reading as
Item 7A, Councilmember Broucek requested the addition of a discussion of Ocean Lane Dnve as
Item 9A3, Councilmember Diaz -Castro requested the addition of a report on the requested repairs
at Harbor Dnve/Crandon Boulevard intersection as Item 9A4 and Mayor Oldakowski requested the
addition of a status report on the Community Center Project as Item 9D3 There was no objection
to the agenda changes
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5 APPROVAL OF MINUTES Councilmember Fned made a motion to approve the minutes
of the June 24, 2003 Regular Council Meeting, the minutes of the July 1, 2003 Regular Council
Meeting and the minutes of the July 1, 2003 Budget Workshop The motion was seconded by
Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
6 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the public
heanngs were sworn in by the Clerk
Heanng Number RV 15 This hearing is continued from the May 27, 2003 Zoning Meeting
Armando Chapelli, 925 Manner Drive, the applicant, is requesting the following variances
associated with a dock and boat lift 1) waive the maximum 10 ft extension of a dock into a canal,
lake or waterway in order to permit a dock to extend 35 ft 6 in into a canal, 2) waive the
maximum 4 ft 4 in (10% of the width of a canal) extension of a boat lift into a canal, lake, or
waterway in order to permit a boat lift to extend 8 ft into a canal
Jud Kurlancheek, Director of Building, Zoning and Planmng addressed the Council with the
recommendation that Variance Number 1 be denied and Variance Number 2 be approved subject to
a finding from the Army Corps of Engineers that the location of the boat lift over the canal will not
result in a safety hazard
Mr Armando Chapelle, the applicant, addressed the Council regarding the variances
The Mayor opened the public hearing Edward Fidalgo, 190 Island Dnve, Charles Virgin,
945 Manner Dnve, Helmut Bracke, 270 Island Drive and Sato Campano, 999 Manner Dnve
addressed the Council The Mayor closed the public heanng
The Attorney addressed the Council regarding this hearing
Councilmember Fned made a motion to deny the vanance requesting to waive the maximum 10 ft
extension of a dock into a canal, lake or waterway in order to permit a dock to extend 35 ft 6 in into
a canal The motion was seconded by Councilmember Vernon and approved by a 6-1 roll call vote
The vote was as follows Councilmembers Broucek, Diaz -Castro, Vernon, Vice Mayor Mendia and
Mayor Oldakowski voting Yes Councilmember Fned voting No
Vice Mayor Mendia made a motion to continue the hearing on the request to waive the maximum
4 ft 4 in (10% of the width of a canal) extension of a boat lift into a canal, lake, or waterway in
order to permit a boat lift to extend 8 ft into a canal, to the October 28, 2003 Zoning Meeting The
motion was seconded by Councilmember Peters and approved by a 6-1 roll call vote The vote was
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August 26 2003
as follows Councilmembers Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes Councilmember Broucek voting No
Hearing Number SP -08 Grand Bay Hotel Partners, Ltd , 455 Grand Bay Drive, the applicant, is
requesting to modify an approved development tract review plan by constructing a 44 ft x 41 ft
Chickee over an area that presently contains tables with umbrellas adjacent to the Sand Bar
Restaurant
Director Kurlancheek addressed the Council recommending approval of the request subject to the
following conditions 1) A concrete block wall with no openings shall be constructed along the
south of the chickee that faces the Sands Condominium The wall shall connect with the Sand Bar
Restaurant, 2) The structure shall have a solid, opaque ceiling, 3) The use of the structure is
solely restncted to tables and chairs for the adjacent restaurant With this context, there shall be no
meetings which involve a dais, speeches, or presentations to an audience, 4) There shall be no
amplification of any sound and 5) All use of the area shall terminate at 11 00 p m This includes
prepanng the area for the next day's work
Carter McDowell, Attorney representing the applicant and Donald Lefton, Coconut Grove
addressed the Council
The Mayor opened the public heanng Silvia Bernstein Batista, 613 Ocean Dnve, Ricardo
J Fernandez, 455 Grand Bay Dnve, Camile Guething, 260 Seaview Dnve, Scott Bass, 177
Ocean Lane Dnve and Jim Taintor, 355 Harbor Dnve addressed the Council The Mayor
closed the public heanng
Public Safety Director, Chief John C Gilbert addressed the Council regarding the safety of the
chickee hut
Councilmember Vernon made a motion to approve the request with the following conditions 1 )
A concrete block wall with no openings shall be constructed along the south of the chickee that faces
the Sands Condominium The wall shall connect with the Sand Bar Restaurant, 2 ) The use of the
structure is solely restncted to tables and chairs for the Sand Bar restaurant With this context, there
shall be no meetings which involve a dais, speeches, or presentations to an audience 3) There
shall be no use of portable sound systems Any music shall be played through the permanent sound
system, which shall be designed to minimize any spillover sound to the south, 4) All food services
and music shall terminate at 11 00 p m on weekdays and 12 00 a m on weekends and 5) The
structure should comply with all applicable building and life safety codes The motion was seconded
by Vice Mayor Mendia and approved by a 7-0 roll call vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
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At this time the Council took a 5 minute recess The meeting was reconvened at 9 40 p m
The Mayor requested the deferral of Items 8C and 8D There was no objection to the request
7 ORDINANCES The Clerk read the following ordinance, on first reading by title
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE FILING OF A CERTIFICATION WITH THE FEDERAL
COMMUNICATIONS COMMISSION TO OBTAIN AUTHORITY TO REGULATE BASIC
CABLE TELEVISION RATES AND ADOPTING ADMINISTRATIVE REGULATIONS
CONSISTENT WITH THE FEDERAL COMMUNICATIONS COMMISSION'S
REGULATIONS FOR SUCH RATE REGULATION, PROVIDING FOR SEVERABILITY,
PROVIDING FOR INCLUSION IN THE CODE, AND PROVIDING AN EFFECTIVE
DATE
Councilmember Fned made a motion to approve the ordinance on first reading The motion was
seconded by Vice Mayor Mendia
Village Attorney Gary Resnick addressed the Council regarding this ordinance
The Mayor opened the public hearing There were no speakers present The Mayor closed
the public heanng
The ordinance was adopted on first reading by a 7-0 roll call vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
The second reading will be on September 9, 2003
The Clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE CODE, AMENDING CHAPTER 2 "ADMINISTRATION" AT ARTICLE I "IN
GENERAL", BY AMENDING PARAGRAPH (a) "CREATED" OF SECTION 2-1
"CREATION OF DEPARTMENTS", BY REVISING THE DESCRIPTION OF THE
"EMERGENCY SERVICES DEPARTMENT" TO BE THE "PUBLIC SAFETY
DEPARTMENT", PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION
IN THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE
The Manager addressed the Council regarding this ordinance
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Councilmember Fned made a motion to approve the ordinance on second reading The motion was
seconded by Councilmember Diaz -Castro
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 Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
The Clerk read the following ordinance, on second reading, by title
AN 0 RDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY CREATING A NEW
ARTICLE VIII "COMMUNITY CENTER ADVISORY BOARD", PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR AN
EFFECTIVE DATE
Councilmember Diaz -Castro made a motion to approve the ordinance on first reading The motion
was seconded by Vice Mayor Mendia
The Mayor opened the public hearing Jim Leavitt, 240 Island Dnve addressed the Council
The Mayor closed the public heanng
The Attorney addressed the Council regarding this ordinance
Mayor Oldakowski made an amending motion to amend Section 2-150 (d) to include the Mayor of
the Youth Council The motion was seconded by Councilmember Peters and approved by a 7-0
voice vote The vote was as follows Councilmembers Broucek, Diaz -Castro, Fned, Vernon, Vice
Mayor Mendia and Mayor Oldakowski voting Yes
Mayor Oldakowski made an amending motion to amend Section 2-154 (a) (5) by adding fees The
motion was seconded by Councilmember Peters and approved by a 7-0 voice vote The vote was
as follows Councilmembers Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
There was extensive discussion from Council regarding this ordinance
Councilmember Diaz -Castro made an amending motion to amend Section 2-154 by adding a new
subsection to Provide recommendations for Financial Performance The motion was seconded by
Vice Mayor Mendia and approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
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Councilmember Broucek made a motion to remove the following sentence in Section 2-154
Jurisdiction (a)
The motion was seconded
by Councilmember Peters and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
The ordinance as amended was adopted on second reading by a 7-0 roll call vote The vote was as
follows Councilmembers Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
The Mayor addressed the Council requesting that Councilmembers submit names of individuals who
will qualify as candidates for this Board to the Village Manager within the next 30 days
8 RESOLUTIONS The Clerk read the following resolution by title
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING ACQUISITION OF
NEW FIREARMS FOR POLICE OFFICERS OF THE VILLAGE'S PUBLIC SAFETY
DEPARTMENT, DECLARING USED FIREARMS OWNED BY THE VILLAGE TO BE
SURPLUS AND AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR THE
DISPOSITION OF SUCH SURPLUS PROPERTY, PROVIDING FOR EFFECTIVE DATE
Councilmember Fned made a motion to approve the resolution The motion was seconded by
Councilmember Peters
The Manager and Deputy Chief of Police Brett Capone addressed the Council regarding this
resolution
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING RESOLUTION 2001-10 WHICH IMPLEMENTED THE
EXEMPTION FROM NOISE REGULATIONS FOR THE VILLAGE'S CIVIC CENTER
PROJECT PURSUANT TO SECTION 17-5(B)(2) OF CHAPTER 17 "NOISE" OF THE
VILLAGE CODE, SO AS TO MODIFY THE CONDITIONS OF SUCH EXEMPTION FOR
THE COMMUNITY CENTER BASEMENT LEVEL CONSTRUCTION, PROVIDING FOR
EFFECTIVE DATE
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Councilmember Fned made a motion to approve the resolution The motion was seconded by
Councilmember Broucek
The Manager and Paul Abbott, Construction Manager for the project addressed the Council
regarding this resolution
Blanca Mesa, 544 Fernwood Road addressed the Council
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ADOPTING GOVERNOR JEB BUSH'S COMMUNITIES FOR A LIFETIME
INITIATIVE IN ORDER PROVIDE THE IDEAL CLIMATE IN WHICH RESIDENT
SENIORS REMAIN INDEPENDENT IN THEIR OWN COMMUNITIES, PROVIDING FOR
AN EFFECTIVE DATE
Councilmember Vernon made a motion to approve the resolution The motion was seconded by
Councilmember Peters
Recreation Director Todd Hofferberth addressed the Council regarding this resolution
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
9 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Vice Mayor Mendia made a presentation to the Council regarding
code enforcement, resident and governmental responsibilities The Manager was directed to look
into all the issues presented by Vice Mayor Mendia
Councilmember Diaz -Castro addressed the Council regarding the Seaquanum expansion history
Councilmember Diaz -Castro made a motion to extend the meeting until 11 10 p m The motion was
seconded by Councilmember Vernon and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
The Attorney addressed the Council regarding the Seaquanum expansion recommending the
adoption of a resolution dealing with this matter
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The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, RECOMMENDING THAT THE MIAMI-DADE BOARD OF COUNTY
COMMISSIONERS RECONSIDER AND RESCIND THE JULY 22, 2003 SECOND
AMENDMENT TO THE AMENDED AND RESTATED LEASE BETWEEN MIAMI-DADE
COUNTY AND MARINE EXHIBITION CORPORATION D/B/A THE MIAMI
SEAQUARIUM, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Peters made a motion to approve the resolution The motion was seconded by
Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
Councilmember Fned made a motion to extend the meeting until 11 20 p m The motion was
seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk submitted to the Council a copy of the following proclamations issued by
the Office of the Mayor during the month of August 2003 proclaiming August 25 thru September
1, 2003 as Village of Key Biscayne Firefighters Appreciation Week, proclaiming September 17-23,
2003 as Constitution Week and proclaiming August 21, 2003 as City of Doral Day
Village Manager The Manager addressed the Council requesting the cancellation of the September
2, 2003 Regular Council Meeting and the addition of a Regular Council Meeting on September 9,
2003 (pnor to the First Budget Hearing)
Councilmember Broucek made a motion to cancel the Regular Council Meeting scheduled for
Tuesday, September 2, 2003 and the addition of a Regular Council Meeting on September 9, 2003
(pnor to the First Budget Heanng) The motion was seconded by Vice Mayor Mendia and approved
by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Diaz -Castro, Fned,
Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
The Manager addressed the Council regarding the need to execute the attached assignment
agreement with BFI Waste Systems of North Amenca, Inc
Councilmember Fned made a motion to authorize the Village Manager to execute the attached
assignment agreement with BFI Waste Systems of North Amenca, Inc The motion was seconded
by Councilmember Diaz -Castro and approved by a 7-0 voice vote The vote was as follows
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Councilmembers Broucek, Diaz -Castro, Fried, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
The Manager addressed the Council regarding a concert on Virginia Key scheduled for Labor Day
Weekend The Manager reported that the Village was very successful working with City of Miami
and Miami -Dade County and the concert was moved to Bicentennial Park
At this time Councilmember Broucek addressed the Council regarding Ocean Lane Dnve
Councilmember Fned made a motion to extend the meeting until 11 25 p m The motion was
seconded by Councilmember Fned and approved by a 7-0 voice vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Vernon, Vice Mayor Mendia and Mayor Oldakowski
voting Yes
The Mayor reported that the Village received the approval to go ahead with the Community Center
dewatenng process
10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council
12 ADJOURNMENT The meeting was adjourned at 11 25 p m
ctfully sub fitted
onchita H Alvarez, CMC
Village Clerk
1-04,1°
Approved this 9th day o September , 2003
at.t. 4
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
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