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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. 1 of 7 November 27, 2001 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. 2 of 7 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. 3 of 7 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. 4 of 7 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). 5 of 7 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. 6 of 7 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. 7 of 7