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HomeMy Public PortalAbout03-10-98 Regular Couincil Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 10, 1998 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 6 00 p m Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime (arrived at 9 45 p m ), Vice Mayor Mortimer Fried and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Steve Helfman and Richard Weiss 2 INVOCATION Reverend Pat Arnold from the Key Biscayne Presbyterian Church, gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the pledge of allegiance 4 APPROVAL OF MINUTES The minutes of the Local Planning Agency Meeting of February 10, 1998 were approved by unanimous consent 5 AGENDA The Clerk requested the addition of a motion to authorize the Manager to look into the 325 Fernwood Road property as Item 11A9 There was no objection to the agenda change 6 BUILDING, PLANNING AND ZONING All witness giving testimony in the following zoning hearings were sworn in by the Clerk Hearing Number 98 -0224 -VC -02 (Continuation from the hearing on February 24, 1998) The Key Biscayne Ocean Club Limited Partnership, 755 Crandon Boulevard, the applicants, are requesting a final site plan approval of the Ocean Tower One, prepared by Bradshaw, Gill and Associates dated July 27 1995 (Resolution No Z-10-95) 1 of 6 The Attorney addressed the Council and the public regarding the hearing Councilmember Padovan disclosed that she had visited the site with John Little, Director of Building, Planning and Zoning Director Little addressed the Council stating his recommendation of approval of the proposed site development and architectural building styles The Mayor opened the public hearing John Hinson, 755 Crandon Boulevard, the applicant, Camille Guething, 260 Seaview Drive, Adel El-Etr, 120 Cape Florida Drive, Dan Zabuloski, 737 Crandon Boulevard, Jim Padilla, 755 Crandon Boulevard, Christian Sager, 335 Harbor Drive, Bill Durham, 748 Glenridge Road, Santiago Echemendia, representing Casa del Mar Condominium, Michael Kahn, 881 Ocean Drive, Bill McCaughn, 511 West Mashta Drive representing 23 residents of Casa del Mar Condominium, Leon Richartz, 881 Ocean Drive, Bernard Parker, 881 Ocean Drive, Haydee Archibald, 881 Ocean Drive, Susan Gumbiner, 881 Ocean Drive, Carter McDowell, representing the applicant, addressed the Council The Mayor closed the public hearing There was extensive discussion from Council regarding this hearing Councilmember Han made a motion to approve the site plan application since it is in substantial compliance with the original plan The motion was seconded by Councilmember Padovan Vice Mayor Fried made an amending motion to approve the site plan application subject to an additional 7' setback to the west The motion was seconded by Mayor Festa and failed by a 3-3 roll call vote The vote was as follows Councilmembers Broucek, Vice Mayor Fried and Mayor Festa voting Yes Councilmembers Han, O'Reilly and Padovan voting No Councilmember Broucek made a further amending motion to approve the site application subject to an additional 8' setback to the west The motion was seconded by Vice Mayor Fried and failed by a 3-3 roll call vote The vote was as follows Councilmembers Broucek, Vice Mayor Fried and Mayor Festa voting Yes Councilmembers Han, O'Reilly and Padovan voting No The main motion to approve the site plan application since it is in substantial compliance with the original plan was approved by a 4-2 roll call vote The vote was as follows Councilmembers Han, O'Reilly, Padovan and Vice Mayor Fried voting Yes Councilmember Broucek and Mayor Festa voting No Councilmember Han made a motion to reconsider the 107' setback The motion was seconded by Vice Mayor Fried and approved by a 5-1 roll call vote The vote was as follows Councilmembers Broucek Han, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly voting No 2 of 6 March 10 1998 Councilmember Han made an amending motion to approve the site plan application since it is in substantial compliance with the original plan, subject to an additional 7' setback to the west The motion was seconded by Vice Mayor Fried and approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes The main motion as amended was approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Vice Mayor Fried made a motion to approve the application as submitted, conditioned to the submittal of a revised detailed site plan reflecting that the easterly portion of Ocean Tower One building be setback an additional 7' from its existing location on the submitted drawings The motion was seconded by Councilmember Broucek and approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes 7 SPECIAL PRESENTATIONS The Mayor presented proclamations to the following residents and Police Officers in accordance with Village Council policy adopted on January 27, 1998 Mr Felix C Beruvides, Mr Michael Carricarte, Ms Donatella Dillon, Mr Matt Dillon, Mr Carlos Gutierrez and Officer Brian Nusall Mr Richard Cromartie, Commander, American Legion Post #374, requested that the Mayor and Village Council approve the placement of a monument in memory of all American veterans who fought and died for our country to be located on the small area of ground between the flags on the Village Green Councilmember Broucek made a motion to approve the request, subject to approval by the Planner The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Padovan, Vice Mayor Fried and Mayor Festa voting Yes 8 ORDINANCES The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE EXTENSION OF THE MATURITY DATE OF ITS STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995, AND PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing 3 of 6 March 10 1998 Vice Mayor Fried made a motion to adopt the ordinance on second reading The motion was seconded by Mayor Festa and adopted by a 5-2 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes Councilmembers Padovan and Sime voting No 10 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING RESOLUTION NO 95-11, TO EXTEND THE MATURITY DATE AND CHANGE THE INTEREST RATE ON THE BOND ANTICIPATION NOTES ISSUED PURSUANT THERETO, AND PROVIDING AN EFFECTIVE DATE Mayor Festa made a motion to approve the resolution The motion was seconded by Vice Mayor Fned and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Sime voting No 11 REPORTS AND RECOMMENDATIONS The following items were discussed Village Manager The Manager addressed the Council regarding a professional engineering services agreement for sanitary sewer system design with PBS&J Patricia Carney from PBS&J addressed the Council Haydee Archibald, 881 Ocean Drive, Sam Davitian, 720 Myrtlewood Lane, Ray Sullivan, 635 Harbor Circle addressed the Council Vice Mayor Fried made a motion to approve the Manager's request The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan voting No The Manager presented Shannon Selby, Grand Bay Towers and Martin Margollis, 444 Grand Bay Drive who addressed the Council and the public regarding a request for permission to hold the Heat Family Festival at the Grand Bay property on Saturday, March 21, 1998 Councilmember Broucek made a motion to approve the request The motion was seconded by Councilmember Han and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes 4 of 6 March 10 1998 Councilmember Sime made a motion to hire Mr Lyle Sumek, some time in the future, regarding a Leadership and Goal Setting Workshop for the Village Council The motion was seconded by Councilmember Han and approved by a 4-3 voice vote The vote was as follows Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes Councilmembers O'Reilly, Padovan and Mayor Festa voting No Councilmember Broucek made a motion to continue this meeting tomorrow at 7 00 p m The motion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes At this point the Village Attorney addressed the Council requesting an Executive Session to discuss the pending litigation regarding Crandon Park Village Clerk The Clerk submitted to the Council more detailed information regarding the Sanitary Sewer Referendum results The Clerk informed the Council and the public that the Office of the Mayor had issued the following proclamations during the month of February Peace Corps Day, recognizing Village Planner Raul Lastra and Recreation Program Coordinator Loren Matthews The following items were submitted to the Council The monthly departmental reports (February), Memorandum from Howard Marlowe regarding the National Coastal Summit to be held from June 24 to June 26, 1998, dated February 26, 1998, February 1998 Monthly report Key Biscayne Chamber of Commerce, Memorandum to Mayor and Members of the Village Council from Village Manager regarding vacation, dated March 5, 1998 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 14 ADJOURNMENT The meeting was adjourned at 11 10 p m ) of 6 March 10 1998 Res je fully submitted A/a'&1( 64id, v Conchita H Alvarez, Village Clerk / r i i Approved this 31st day of March ,1998\ \\ t aa,/, in F Festa Mayor IFA 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 6of6