Loading...
HomeMy Public PortalAbout10-26-99 Zoning Meeting.tifMINUTES VILLAGE ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 26, 1999 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 pm Present were Councilmembers Scott Bass, Martha F Broucek (arrived at 7 06 p m ), Alan H Fein, Robert Oldakowski, Vice Mayor Gregory C Han and Mayor Joe I Rasco Councilmember Mortimer Fned was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorneys David Wolpin and Joe Serota 2 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 3 AGENDA The Clerk requested the addition of a resolution regarding Calusa Park as Item 7B, Councilmember Oldakowski requested an update regarding beach renounshment due to Hurncane Irene under the Manager's report, Councilmember Fein requested the addition of a brief discussion regarding garbage pick-up under the Manager's report, Vice Mayor Han requested the addition of a discussion regarding a letter from the Attorney in reference to the Bergfors adv Village of Key Biscayne Case There were no objections to the agenda changes 4 CONSENT AGENDA The minutes of the Sanitary Sewer Workshop of October, 5, 1999, the minutes of the Special Council Meeting of October 5, 1999 and the minutes of the Regular Council Meeting of October 12, 1999 were approved by unanimous consent 5 BUILDING, ZONING AND PLANNING All witness giving testimony in the following zoning heanng were sworn in by the Clerk 1 of October 26 1999 Heanng Number 99 -10 -26 -RV -04 Gustavo Moreno, 1040 Manner Dnve, the applicant, is requesting a regulatory vanance to permit a boat dock, with two boat lifts, to extend eight (8) ft into a canal where the maximum allowed extension is five (5) ft Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council and the public regarding this request recommending approval of the vanance The Manager also addressed the Council regarding this request The Mayor opened the public heanng Richard Bunnell, President, Bunnell Foundation, Inc , 7801 N W 66 Street, Miami, Gustavo Moreno, 1040 Mariner Dnve The Mayor closed the public hearing Councilmember Fein made a motion to approve the request The motion was seconded by Councilmember Bass and failed by a 3-3 roll call vote The vote was as follows Councilmembers Bass, Fein, and Mayor Rasco voting Yes Councilmembers Broucek, Oldakowski and Vice Mayor Han voting No Vice Mayor Han made a motion to continue this hearing to the November 16, 1999 Zoning Meeting at 7 00 pm The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes 6 ORDINANCES The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE FOR THE RESIDENTIAL AREAS OF THE VILLAGE BETWEEN THE VILLAGE AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC , PROVIDING AN EFFECTIVE DATE Vice Mayor Han made a motion to approve the ordinance on second reading The motion was seconded by Councilmember Fein The Mayor opened the public heanng There were no speakers present The Mayor closed the public heanng The ordinance was approved on second reading by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes 2 of 4 October 26, 1999 7 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING THE DATE FOR A PUBLIC HEARING REGARDING CONSTRUCTION OF SIDEWALKS ON WEST HEATHER DRIVE AND WEST WOOD DRIVE, PROVIDING FOR AN EFFECTIVE DATE Councilmember Broucek made a motion to approve the resolution The motion was seconded by Vice Mayor Han Haydee Archibald, 881 Ocean Dnve addressed the Council The resolution was approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han 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, APPROVING SETTLEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY, FLORIDA CONCERNING THE PENDING LITIGATION OF VILLAGE OF KEY BISCAYNE V S METROPOLITAN DADE COUNTY, CASE NO 95-23701 CA 01, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ("LAWSUIT"), AUTHORIZING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO PROVIDE FOR THE DISMISSAL OF THE LAWSUIT IN ACCORDANCE WITH TERMS OF THE SETTLEMENT, PROVIDING FOR EFFECTIVE DATE Councilmember Fein made a motion to approve the resolution The motion was seconded by Councilmember Oldakowski Joe Serota, Weiss Serota Helfman Pastoriza and Guedes addressed the Council regarding this resolution The resolution was approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes 8 REPORTS AND RECOMMENDATIONS The following items were discussed Village Attorney At Vice Mayor Han's request the Attorney addressed the Council regarding the Bergfors adv Village of Key Biscayne case 3 of 4 October 26 1999 Councilmember Fein made a motion to instruct the Attorney to file a notice of appeal regarding this case The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Village Manager At Councilmember Oldakowski's request, the Manager addressed the Council giving an update regarding beach renounshment due to Hurncanes Floyd and Irene recommending that the Village's lobbyist should get involved on this issue At the request of Councilmember Fein, the Manager addressed the Council regarding the bulky waste pick-up due to Hurncane Irene 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 7 51 p m Res ' ct ully submitted %17‘ Conchita H Alvarez, CMC Village Clerk Joe I Rasco Mayor Approved this l& day of November , 199 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 4 of 4