HomeMy Public PortalAbout11-27-01 Zoning Meeting.tifMINUTES
ZONING MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, NOVEMBER 27, 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 Vice Mayor at 7:14 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan
H. Fein, Robert Oldakowski, James L. Peters, Vice Mayor Fried and Mayor Joe I. Rasco (arrived at
7:40 p.m.). Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H.
Alvarez and Village Attorney David M. Wolpin.
2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance.
3. AGENDA: Councilmember Peters requested the addition of a report from the Building,
Zoning and Planning Director regarding other municipalities located in Miami -Dade County that
utilize the same method of rezoning public purchased land as the Village of Key Biscayne as Item
8A1, a report from the BZP Director requesting the status of every permit required by/from every
Federal, State, County and Local Agency concerning past, current and future for our Civic Center
project -including all buildings (Fire, Police, Recreation Center and SunTrust) as Item 8A2 and a
report regarding Key Biscayne Master Plan issues as it relates to the Civic Center project under
construction and proposed construction as Item 8A3; the Manager requested the addition of the
approval of a proposed ad and letter to the residents reflecting the majority of the Council's position
on the December 4, 2001 referendum as Item 8D1 and Councilmember Broucek requested the
addition to permit comments from any Councilmember regarding the referendum on December 4,
2001 as Item 8A4.
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The Attorney addressed the Council recommending that Item 8A3 not be added to the agenda, since
that matter is subject of pending litigation in court.
Councilmember Bass made a motion to delete Item 8A3. The motion was seconded by
Councilmember Broucek and approved by a 5-1 voice vote. The vote was as follows:
Councilmembers Bass, Broucek, Fein, Oldakowski and Vice Mayor Fried voting Yes.
Councilmember Peters voting No. There was no objection to the other agenda changes.
4. APPROVAL OF MINUTES: The minutes of the November 13, 2001 Regular Council
Meeting and the minutes of the November 19, 2001 Recreation Center Workshop were approved by
unanimous consent.
At this time Councilmember Broucek addressed the Council and the public thanking everyone for
their prayers and thoughts during her recent illness.
5. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public
hearings were sworn in by the Clerk.
Hearing Number SP -03. Key Biscayne Shopping Center Joint Venture, 24 West Enid, the applicant
is requesting approval of a site plan related to the construction of an office building. This hearing
was continued from the October 23, 2001 Zoning Meeting.
Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council recommending
that the project be denied unless a parking garage is constructed. The applicant intends to present
these plans for comments this evening. Should the applicant wish to proceed, then a public hearing
to consider the variances will be required. The date of this hearing will be set if an application is
submitted.
Santiago Echemendia, Tew Cardenas Rebak Kellog Lehman DeMaria Tague Raymond &
Levine, L.L.P., 201 S. Biscayne Boulevard, Miami, representing the applicant; Tony Verde,
Architect, Miami, for the project and Tony Fraga, Miami, developer for the project addressed
the Council.
The Attorney addressed the Council regarding this hearing.
There was extensive discussion from Council regarding this request.
The Mayor opened the public hearing. Leo Brito, 786 Fernwood Road; Blanca Mesa, 544
Fernwood Road; Ed Meyer, 100 Sunrise Drive and Jim Taintor, 355 Harbor Drive addressed
the Council. The Mayor closed the public hearing.
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November 27, 2001
Councilmember Oldakowski made a motion to continue this hearing to the January 29, 2002 Zoning
Meeting. 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.
Hearing Number RV -07. Dock and Marine Construction, Inc., 240 Harbor Drive, the applicant is
requesting to construct a dock, with a boat lift located between the dock and pilings, that requires
the following variances: 1.) Permit the dock to extend 36.5 ft. into Biscayne Bay when the
maximum projection is 10 ft. and 2.) Permit pilings to extend 50.5 ft. into Biscayne Bay when the
maximum projection is 25 ft.
Director Kurlancheek addressed the Council stating his recommendation of denial of the
variances or continuance to permit consideration of an amendment to the Zoning Regulations
to permit docks to project 25 ft. into Biscayne Bay.
The Attorney addressed the Council regarding this request.
Councilmember Fein made a motion to defer the hearing and direct staff to amend the Zoning
Regulations to permit docks to project 25 ft. into Biscayne Bay. The motion was seconded by
Councilmember Bass.
Jim Taintor, 355 Harbor Drive addressed the Council.
The motion to defer the hearing and amend the Zoning Regulations was approved by a 5-2 voice
vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, and Mayor Rasco
voting Yes. Councilmember Broucek and Vice Mayor Fried voting No.
6. ORDINANCES: The Clerk read the following ordinance, on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $10,200,000 OF CAPITAL IMPROVEMENT
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 Oldakowski made a motion to adopt the ordinance on first reading. The motion was
seconded by Vice Mayor Fried.
The Manager addressed the Council stating that the ordinance before them is for $10,200,000
and does not include funds for the acquisition of the Citgo Station at a fair price, previously
authorized by Council.
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November 27, 2001
Councilmember Fein made an amending motion to change the amount to $10.9 million. The motion
was seconded by Councilmember Oldakowski and approved 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.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance as amended was adopted on first reading 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. Councilmembers Peters voting No.
The Clerk announced the second reading of this ordinance on December 11, 2001.
The Clerk read the following ordinance, on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR
THE VILLAGE TO OPT OUT OF AND EXEMPT ITSELF FROM THE REQUIREMENTS
OF SECTION 2-11.1(T) OF THE MIAMI-DADE COUNTY CODE CONCERNING CONE
OF SILENCE REQUIREMENTS RELATED TO PURCHASING TRANSACTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
Vice Mayor Fried made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Oldakowski.
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 Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco
voting Yes.
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 CREATING AN ART -IN -PUBLIC -PLACES PROGRAM, CREATING
AN ART -IN -PUBLIC -PLACES BOARD; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
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November 27, 2001
Vice Mayor Fried made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Oldakowski.
Director Kurlancheek addressed the Council regarding this ordinance.
The Mayor opened the public hearing. Ed Meyer, 100 Sunrise Drive addressed the Council.
The Mayor closed the public hearing.
The Attorney addressed the Council regarding this ordinance.
The ordinance 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.
7. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
ACCEPTING THE BID AND AUTHORIZING THE VILLAGE MANAGER TO ENTER
INTO AN AGREEMENT WITH MAGNA CONSTRUCTION, INC. FOR PURPOSES OF
CONSTRUCTING PLAYING FIELDS AT 200 CRANDON BOULEVARD; PROVIDING
FOR AN EFFECTIVE DATE.
Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by
Councilmember Broucek.
Mayor Rasco made a substitute motion authorizing the waiver of the competitive bid and the initial
phase of the project, not to exceed $30,000. 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.
8. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember Peters requested a report from the Building, Zoning
and Planning Director concerning other municipalities located in Miami -Dade County that utilize
the same method of rezoning public purchased land as the Village of Key Biscayne.
Councilmember Peters requested a report from the Building, Zoning and Planning Director
concerning the status of every permit requested by/from Federal, State, County and local agency
concerning past, current, and future for our Civic Center Project including all buildings (Fire, Police,
Recreation Center and SunTrust).
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November 27, 2001
Director Kurlancheek presented a report to the Council regarding these requests.
Councilmembers Broucek, Fein, Peters, Oldakowski, Bass and Vice Mayor Fried addressed the
Council and the public regarding the referendum on December 4, 2001.
Village Attorney. The Attorney did not submit a report.
Village Clerk. Pursuant to Section 2.02 of the Village Charter, an election was held for the Vice
Mayor's seat.
Councilmember Fein nominated Councilmember Oldakowski. The motion was seconded by
Councilmember Councilmember Broucek.
Councilmember Peters nominated Vice Mayor Fried. Vice Mayor Fried declined.
The motion to elect Councilmember Oldakowski as Vice Mayor was approved by a 7-0 roll call vote.
The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Peters, Vice
Mayor Fried and Mayor Rasco voting Yes.
Village Manager. The Manager presented to the Council a letter to be mailed to the registered voters
and an ad for the Islander News reflecting the majority of the Council's position on the referendum.
Councilmembers Bass and Peters requested that their names be removed from the letter and the ad.
Councilmember Fein made a motion to approve the letter to the residents and the ad for the Islander
News. The motion was seconded by Councilmember Oldakowski 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.
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 9:50 p.m.
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November 27, 2001
Restfully submijted:
49,Af,
Conchita H. Alvarez, CMC
Village Clerk
Approved this 15th day of January , 2002:
Joe L Rasco
Mayor
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.
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