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
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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
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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
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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
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