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HomeMy Public PortalAbout08-28-01 Zoning Meeting.tifMINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 28, 2001 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 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 Scott Bass, Martha F. Broucek, Alan H. Fein, Robert Oldakowski, James L. Peters, Vice Mayor Mortimer Fried and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Jay Weiss, Nancy Stroud and Stephen Helfman. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. Mayor Rasco gave an invocation. 3. SPECIAL PRESENTATIONS: Representatives Gustavo Barreiro and Ronald Silver presented the Village Council with a $50,000 grant awarded to the Village from the 2001-2002 Florida Recreation Development Program. 4. AGENDA:'Mayor Rasco requested that Item 9J be heard together with Item 8 (2). There was no objection to the agenda change. Vice Mayor Fried requested to hear Item 10A15 after Item 9H. There was no objection to the agenda change. 1of12 August 28, 2001 Mayor Rasco made a motion to delete Items 9E and 9H from the Agenda. The motion was seconded by Vice Mayor Fried and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Peters voting No. Councilmember Bass requested the withdrawal of Item10A8 and to move Item10A9 to the beginning of the Agenda. There was no objection to the Agenda change. At this time Councilmember Bass made a motion to cancel the September 4, 2001 Council Meeting. The motion was seconded by Mayor Rasco and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters voting No. The Clerk requested the addition of a time sensitive resolution regarding Telecommunications Service Providers as Item 9L. There was no objection to the agenda change. At this time the Attorney requested an Executive Session regarding the Village of Key Biscayne vs. Amoco. The date for this Executive Session will be set at a later date. 5. APPROVAL OF MINUTES: Councilmember Broucek made a motion to approve the minutes of the July 10, 2001 Council Meeting. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 6. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearings were sworn in by the Attorney. Hearing Number SP -03. Key Biscayne Shopping Center Joint Venture, 24 West Enid Drive, the applicant is requesting approval of a site plan relating to the construction of an office building (existing office building will be demolished). This public hearing is continued from the July 10, 2001 Council Meeting. The Mayor opened the public hearing. Patricia M. Baloyra, attorney with Tew Cardenas Rebak Kellogg Lehman DeMaria Tague Raymond & Levine, L.L.P., representing the applicant, requested deferral of this request to the October 23, 2001 Council Meeting. The Mayor closed the public hearing. The request to continue this hearing to the October 23, 2001 Council Meeting was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 2of12 August 28, 2001 Hearing Number Sign - 01. Camille Schofield - Collins Signs, Inc., 724 Crandon Boulevard, the applicant is requesting approval of a sign package for a multi tenant shopping center. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval of the applicant's request with the following amendments: 1.) The "CVS" letters shall not exceed a height of 24 in. The pharmacy letters shall not exceed a height of 14 in. There shall be no other signage for this use; 2.) Letters for the other tenants shall not exceed a height of 14 in. with signage limited to one sign per store. No accessory signage is permitted; 3.) The length of each sign is limited to 60% of the width of the storefront. Signs shall be centered; 4.) The letters shall be "red". All letters shall be upper case with the exception of the "pharmacy" letters which may be in lower case and 5.) There shall be no monument sign. The Mayor opened the public hearing. Gerry Knight, attorney for the applicant, addressed the Council amending the application to include staff's recommendations mentioned above. The Mayor closed the public hearing. Vice Mayor Fried made a motion to approve the amended sign package request for 724 Crandon Boulevard. The motion was seconded by Councilmember Oldakowski and approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Broucek were out of the room at the time the vote was taken. 7. ORDINANCES: There were no ordinances on first reading considered by Council. The Clerk 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 6 "BUILDINGS AND BUILDING REGULATIONS" BY AMENDING SECTION 6-2 "CONSTRUCTION DEBRIS" BY CREATING PARAGRAPH (D) "CONDITION OF ON -SITE RECEPTACLES," PROVIDING FOR REQUIREMENT THAT ON -SITE RECEPTACLES USED FOR THE DEPOSIT OF CONSTRUCTION DEBRIS BE MAINTAINED SO THAT GRAFFITI IS NOT DISPLAYED ON THE EXTERIOR OF SUCH ON -SITE RECEPTACLES, AND THAT THE EXTERIOR IS PROPERLY MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Broucek. The Mayor opened the public hearing. Gregory Han, 68.5 Curtiswood Drive, addressed the Council. The Mayor closed the public hearing. 3of12 August 28, 2001 The Attorney addressed the Council regarding this ordinance. Councilmember Bass made a motion to defer this ordinance. The motion was seconded by Vice Mayor Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. The Clerk read the following ordinance, on second reading by title: AN ORDINANCE OF THE VILLAGE OF KEY, BISCAYNE FLORIDA, RELATING TO ARTICLE VIII "SIGNS" OF THE ZONING AND LAND DEVELOPMENT REGULATIONS PROHIBITING POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY AND ESTABLISHING SIZE AND SETBACK REQUIREMENTS FOR POLITICAL SIGNS ON PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilmember Bass made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Fried. The Mayor opened the public hearing. Gregory Han, 685 Curtiswood Drive addressed the Council. The Mayor closed the public hearing. The Attorney and Director Kurlanchek addressed the Council regarding this ordinance. There was extensive discussion from Council regarding this ordinance. Councilmember Fein made an amending motion to leave the setbacks as they currently are, with the exception of Government owned property. The motion was seconded by Councilmember Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass made an amending motion to preclude it also from commercially owned property. Councilmember Bass withdrew his motion. The ordinance a.amended was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. At this time Mayor Rasco, on behalf of the Village Council, extended his condolences to the Village Clerk on the passing away of her brother in law. The Clerk thanked the Mayor and Council for their kind words and expressions of condolences. 4of12 August 28, 2001 8. VILLAGE CLERK: The Clerk presented to the Council the Certificate of legal sufficiency for the Charter Amendment petition of Section 5.02 (a). The Attorney addressed the Council regarding this Certificate of legal sufficiency. Councilmember Fein made a motion directing the Village Attorney to prepare the appropriate resolution to place this item on the ballot. The motion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. The Clerk presented to the Council the Certificate of legal insufficiency for the Charter Amendment petition of Section 4.10 for Council review of Certificate of insufficiency, and Council action to approve or disapprove the Certificate of insufficiency. The Attorney addressed the Council regarding the Certificate of legal insufficiency of this petition. Councilmember Fein made a motion to accept legal counsel's opinion of legal insufficiency. The motion was seconded by Vice Mayor Fried. There was extensive discussion from Council regarding this issue. The following residents addressed the Council regarding the petition: Arturo Aballi, 91 Island Drive, attorney on behalf of the Petitioner's Committee and Andrew Gordon, 269 Cranwood Drive. The motion was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Peters voting No. At this time Item 9J was heard. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; FINDING THE CITIZENS' PETITION TO AMEND "SECTION 4.10. BORROWING." OF THE VILLAGE CHARTER TO BE LEGALLY SUFFICIENT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Peters made an amending motion instructing the attorney to draft an ordinance in order to place this item on the ballot. The motion was seconded by Councilmember Bass. 5of12 August 28, 2001 The following residents addressed the Council: Camille Guething, 260 Seaview Drive; Isabel Gambino, 676 Ridgewood Road; Jonathan Ullman, 544 Fernwood Road; Karen Futernnick, 325 Pacific Road and Blanca Mesa, 544 Fernwood Road. The motion was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Bass, Oldakowski, Peters and Mayor Rasco voting Yes. Councilmembers Broucek, Fein and Vice Mayor Fried voting No. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RESPONDING TO A VERIFIED COMPLAINT FROM THE COALITION TO RESCUE PARADISE, INC.; AND PROVIDING FOR EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH E.A.S. ENGINEERING FOR ENVIRONMENTAL AND ENGINEERING SERVICES FOR THE CALUSA PARK MANGROVE BOARDWALK; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. The Manager addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayd'r Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ACCEPT A $10,000 DONATION FROM THE MASHTA ISLAND ASSOCIATION, INC. FOR PURPOSES OF 6 of 12 August 28, 2001 COMPLETING THE LANDSCAPING AT THE ENTRANCE TO THE MASHTA ISLAND BRIDGE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; TO REQUIRE THE FOLLOWING CRITERIA TO BE MET BEFORE ADVERTISING FOR OR ACCEPTING ANY BID OR GMP ON ANY CAPITAL PROJECT INCLUDING THE PROPOSED RECREATION CENTER, COMMUNITY THEATER, CIVIC CENTER SITE WORK AND ANY OTHER CAPITAL PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Peters made a motion to approve the resolution. The motion was seconded by Councilmember Bass. The Manager addressed the Council regarding this resolution. The resolution failed by a 1-6 voice vote. The vote was as follows: Councilmember Peters voting Yes. Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; TO REQUIRE ALL EXPENDITURES FROM THE CONTINGENCY FUNDS FOR THE FIRE STATION AND THE POLICE/ADMINISTRATION BUILDING AND ANY OTHER CAPITAL PROJECT UNDER CONSTRUCTION TO BE APPROVED BY THE COUNCIL; PROVIDING FOR AN EFFECTIVE DATE. CouncilmemberPeters made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. The Manager addressed the Council regarding this resolution. The resolution failed by a 1-6 voice vote. The vote was as follows: Councilmember Peters voting Yes. Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting No. 7 of 12 August 28, 2001 At this time Item 10A15 was heard. Vice Mayor Fried made a motion to suspend construction of the Administration/Police Building for a period of 15 days. The motion was seconded by Councilmember Broucek. There was extensive discussion from Council regarding this motion. The motion failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Broucek, Peters and Vice Mayor Fried voting Yes. Councilmembers Bass, Fein, Oldakowski and Mayor Rasco voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CREATING A NEW BASEBALL AND SOFTBALL STEERING COMMITTEE INDEPENDENT FROM THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to approve the resolution. The motion was seconded by Mayor Rasco. The following residents addressed the Council: Ana Rubio, 121 Crandon Boulevard; Luis de la Cruz, 640 Allendale Road; Luis Arrondo, 350 Grapetree Drive; Audreylee Leavitt, 240 Island Drive; Ramon Rodriguez, 530 Sabal Palm Drive; Alfredo Zayas, 555 Crandon Boulevard; Bill Thompson, Ridgewood Road; Lori Davis, 265 Grapetree Drive; Steve Simon, 335 Harbor Lane and Jim Leavitt, 240 Island Drive. At this time Councilmember Oldakowski made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Councilmember Peters and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass requested deferral of this resolution. There was no objection from Council to this request. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH TESAURUS, INC. FOR PURPOSES OF LEASING LAND AT 200 CRANDON BOULEVARD AND DEVELOPING THE SITE FOR 8 of 12 August 28, 2001 RECREATIONAL FACILITIES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Mayor Rasco. Conchita Suarez, 201 Crandon Boulevard; Steve Simon, President of the Key Biscayne Athletic Club and Ellen Blasi, 240 Crandon Boulevard, Fininvest, addressed the Council. The Manager and the Attorney addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT FOR AN AUDIT OF THE FRANCHISE FEES AND TAXES PAID BY TELECOMMUNICATIONS SERVICE PROVIDERS FOR THE PAST THREE (3) YEARS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. The Manager addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco requested the deferral of the appointment of the Special Masters. There was no objection to the request. Councilmember Bass addressed the Council regarding the Citgo Gas Station counter-offer. Councilmember Bass made a motion directing the Attorney to draft a contract to purchase the Citgo property. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. 9of12 August 28, 2001 The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Broucek requested deferral of the discussion regarding the Fire Department formation and acquisition of equipment. Comparison of cost of services today vs. Those with Miami -Dade County prior to Incorporation. There was no objection to the request. Councilmember Broucek requested deferral of the discussion regarding the Police Department, cost of services today in comparison to Miami -Dade County prior to Incorporation. There was no objection to the request. Councilmember Oldakowski withdrew Item 10A5 regarding non-compliance of the Ritz -Carlton Hotel retaining runoff water on their property, as required by law. Councilmember Bass requested deferral of a discussion to purchase another Crandon Boulevard property. Councilmember Bass addressed the Council regarding the Beach Renourishment project. James DeCocq, Special Consultant on Beach Renourishment, addressed the Council regarding this project. Councilmember Bass withdrew Item 10A8 regarding review of bidding process. At this time Councilmember Fein made a motion to extend the meeting to 11:45 p.m. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters addressed the Council on the Pines Canal meeting regarding grant application held August 2, 2001 in the Council Chamber. The Manager addressed the Council stating that the grant application for this project has been withdrawn. Bob Skinner, 561 Sabal Palm Drive, addressed the Council regarding the Pines Canal Project and Paul Mason, 1111 Crandon Boulevard, representing the Towers of Key Biscayne Condominium. Councilmember Fein reported on the progress of the efforts to secure federal funding for the Sanitary Sewer Project. Councilmember Bass addressed the Council regarding eminent domain proceedings for the Hyde Park property, stating that at this time he does not feel comfortable to pursue this process. 10 of 12 August 28, 2001 Mayor Rasco requested deferral of Item 10A13 regarding bus shelters for Crandon Boulevard. There was no objection to the request. Mayor Rasco requested deferral of Item 10A14 regarding a meeting with the Miami -Dade County School Board, Region IV on Community School playing fields. Councilmember Oldakowski addressed the Council regarding the re -scheduling of the Playing Fields Workshop to Tuesday, October 2, 2001 at 7:00 p.m. in the Council Chamber. It was the consensus of Council to re -schedule the workshop to October 2, 2001. 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 months of July and August of 2001: proclaiming July 19, 2001 as "The Ritz -Carlton Key Biscayne Day"; proclaiming the week of September 17-25, 2001 as "Constitution Week"; proclaiming October 27, 2001 as "Make a Difference Day" in Key Biscayne. At this time Councilmember Oldakowski made a motion to extend the meeting to 11:50 p.m. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Village Manager. The Manager reported on the following projects: 1.) Ocean Park is about 70% complete and the project is going very well. Completion date estimated for the end of the year; 2.) The gazebo/bandstand should be completed within the next 30 days; 3.) The Uplighting Project is due at the end of November. The Manager and the Attorney addressed the Council regarding the correspondence from the Key Biscayne Presbyterian Church regarding the temporary location of the Village Administration Offices. The Manager was directed to continue working on this issue. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was preselTted to the Council. 13. ADJOURNMENT: The meeting was adjourned at 11:50 p.m. 11 of 12 August 28, 2001 tfully submitted 4 Conchita H. Alvarez, CMC Village Clerk Joe I. Rasco Mayor zr we September , 200 IF A 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. 12 of 12