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Home My Public Portal About03-31-98 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 31, 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 7 00 p m Present were Councilmembers Martha Broucek, Gregory Han (arrived at 7 10 p m ), Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa Councilmember Hugh O'Reilly was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Steve Helfman 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES The minutes of the Village Council Workshop of February 23, 1998, the minutes of the Special Council Meeting of February 24, 1998, the minutes of the Council Meeting of March 10, 1998, the minutes of the Special Council Meeting (Goals and Objectives) of March 11, 1998, the minutes of the continuation of the Council Meeting of March 10, 1998 and the minutes of the Special Council Meeting of March 16, 1998 were approved by unanimous consent 4 AGENDA Councilmember Padovan requested the addition of a brief discussion regarding the upcoming Dade Days in Tallahassee 5 SPECIAL PRESENTATIONS There were no special presentations 6 BUILDING, PLANNING AND ZONING All witness giving testimony in the following zoning hearings were sworn in by the Clerk Hearing Number 98 -0127 -VC -03 (Re -scheduled from the Hearing on January 27, 1998 and the Hearing on February 24, 1998) Cafe Barcelona II, 971 Crandon Boulevard, unit Nos 971 and 973, the applicants are requesting 1) Unusual use to permit outdoor dining in connection with the 1 of 7 March 31 1998 existing restaurant, (2) A modification to conditions within prior approvals and recorded covenants to allow for a change in the site plan for development of the subject property, from "That said property shall be developed strictly in accordance with the schedule of plans shown in the attached Exhibit "A", prepared by Sarille-Rodrigo-Tarafa, Joint Venture, Architects entitled "Key Biscayne Shops", dated 22nd day of February 1978, as per revisions dated the 17th day of March 1978 and revised plans shown in the attached Exhibit "B", prepared by 0 J Jorgensen & Associates entitled "L'Esplanade Mall, 971 Crandon Boulevard, Key Biscayne, Florida", dated March 17, 1995, as per revision on 19th day of April 1995 " To "That said property shall be developed strictly in accordance with the schedule of plans shown in the attached Exhibit "A", prepared by Sarille- Rodrigo-Tarafa, Joint Venture, Architects entitled "Key Biscayne Shops", dated 22nd day of February 1978, as per revisions dated the 17th day of March 1978 and revised plans shown in the attached Exhibit "B", prepared by 0 J Jorgensen & Associates entitled "L'Esplanade Mall, 971 Crandon Boulevard, Key Biscayne, Florida", dated March 17, 1995, as per revision on the 19th day of April 1995 and further revised plans shown in the attached Exhibit "C", prepared by David J Cabarrocas Architect entitled "Wood Deck at Barcelona Restaurant" dated 22nd day of October 1997 for a restaurant to build a proposed open terrace facing Crandon Boulevard to provide an outdoor seating and dining area " Director of Building, Zoning and Planning, John Little, addressed the Council stating his recommendation of denial without prejudice The Attorney addressed the Council regarding this application The Mayor opened the public hearing The applicant was not present Conchita Suarez, 201 Crandon Boulevard, Camille Guething, 260 Seaview Drive, Jim O'Neil, 210 Seaview Drive addressed the Council The Mayor closed the public hearing Vice Mayor Fried made a motion to deny the request with prejudice The motion was seconded by Councilmember Padovan and approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Hearing Number 98 -0331 -VC -01 Dover Financial, S A , 140 Cape Florida Drive, the applicants, pursuant to Section 30-63 (C 2) of the Key Biscayne Code, are applying for a non-use variance of a -maximum -of -five -foot -distance requirement to allow the proposed boat dock and lift to extend twenty feet (20') into the Pines Canal from the subject property Director Little, addressed the Council stating his recommendation of approval subject to the following condition That at least one mooring pile be placed on the outer edge of the boat lift and meet with Village Code requirements for setbacks extending distance as well as any other applicable code requirements 2of7 March 31 1998 Councilmember Padovan disclosed that she visited the site The Mayor opened the public hearing Don Digiacomo, Bunnell Foundation, representing the applicant, addressed the Council The Mayor closed the public hearing Councilmember Han made a motion to defer this hearing to the meeting of April 28, 1998 The motion was seconded by Councilmember Sime and approved by a 5-1 roll call vote The vote was as follows Councilmembers Broucek, Han, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan voting No 7 ORDINANCES There were no ordinances considered by the Council 8 RESOLUTIONS There were no resolutions considered by the Council 9 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Festa made a motion to remove all concrete barriers along Harbor Drive, specifically from St Agnes and the Yacht Club The motion was seconded by Councilmember Padovan Director Little and the Manager addressed the Council regarding this issue Councilmember Sime called the question and it failed by a 3-3 voice vote (2/3 votes required) The vote was as follows Councilmembers Broucek, Sime and Vice Mayor Fried voting Yes Councilmembers Han, Padovan and Mayor Festa voting No The main motion failed by a 2-4 voice vote The vote was as follows Councilmember Padovan and Mayor Festa voting Yes Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting No Councilmember Padovan made a motion to have a discussion of not more than 20 minutes regarding the Beach Fill Project of the Ocean Club Development The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan addressed the Council regarding the quality of the sand that is being placed on the beach in front of the Ocean Club Development Jack Attias, 600 Grapetree Drive, Harold R Wanless, Professor Geological Sciences, University of Miami, recommending to get this recent beach fill off of the beach immediately, Brian Flynn, Coastal Programs Administrator, DERM, stating that a wet sieving test of the sand and a test to determine if this sand is hazardous to the health will be 3of7 March 31 1998 conducted, Mabel Miller, 210 Seaview Drive, Ed Meyer, 100 Sunrise Drive, Conchita Suarez, 201 Crandon Boulevard addressed the Council regarding this issue Councilmember Padovan introduced a motion to discuss improvement of relationship among Councilmembers and length of comments The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Vice Mayor Fried made a motion to increase the Clerk's salary to $40,000 The motion was seconded by Councilmember Broucek Councilmember Han made an amending motion to increase the clerk's salary by 5% The motion was seconded by Mayor Festa and failed by a 2-4 voice vote The vote was as follows Councilmember Han and Mayor Festa voting Yes Councilmember Broucek, Padovan, Sime and Vice Mayor Fried voting No Camille Guething, 260 Seaview Drive addressed the Council Councilmember Broucek called the question and it was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The Fried motion was approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime and Vice Mayor Fried voting Yes Mayor Festa voting No Councilmember Padovan addressed the Council regarding the Dade Days in Tallahassee Councilmember Broucek addressed the Council regarding the elevators at L'Esplanade Shopping Center being out of order all the time Conchita Suarez, 201 Crandon Boulevard addressed the Council regarding this issue Director Little addressed the Council regarding the elevators at L'Esplanade Shopping Center and was directed to look into this problem and report back to the Council Mayor Festa and Councilmember Padovan addressed the Council regarding the status of the Recreation Department The Manager addressed the Council regarding this issue Councilmember Padovan requested consensus from Council to allow the Key Biscayne Elementary School the use of the Village bus for their summer camp program 4of7 March 31 1998 Carol Ann Rudy Friedberg, 25 N E 99 Street, Miami Shores, Ann Marie Calvo, 290 Sunnse Drive, Joyce Olivera, 203 East Enid Drive, Bonnie Cooper, 77 Crandon Boulevard addressed the Council It was the consensus of Council that the Manager meet with representatives of the Drama Club to look into offering a program for the residents Vice Mayor Fried made a motion to authorize the Manager to advertise for a qualified person to head the Recreation Department The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan made a motion to have the Manager hire a person to run the short term programs of the Recreation Department Mayor Festa seconded the motion and it failed by a 3-3 voice vote Councilmembers Broucek, Padovan and Mayor Festa voting Yes Councilmembers Han, Sime and Vice Mayor Fried voting No Frank Garisto, 203 Sunrise Drive addressed the Council regarding the Village Voices Councilmember Padovan made a motion to adopt the proposed 1998 Goals and Objectives The motion was seconded by Councilmember Sime and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The Mayor requested consensus from Council to have the Manager address the concerns of the residents of West Wood Drive regarding traffic calming and sidewalks The Manager was directed to have the engineer incorporate traffic calming with the sidewalks for West Wood Drive and West Heather Drive Village Attorney The Attorney did not submit a report Village Manager The Manager presented to the Council an estimated cost for the Sanitary Sewer Construction Project and optional financing plans Mayor Festa made a motion to authorize the Manager to look into a 50% option from the General Fund and how it affects the Capital Program The motion was seconded by Councilmember Padovan Councilmember Broucek made an amending motion to look into the three (3) options presented by the Manager, 12% (Option #3), 26% (Option #1) and 44% (Option #2) as a basis for discussion The motion was seconded by Vice Mayor Fried The Attorney addressed the Council regarding the Sanitary Sewer project 5of7 March 31 1998 Camille Guething, 260 Seaview Drive, Haydee Archibald, 881 Ocean Drive, Carol Mullen O'Leary, 444 Femwood Road addressed the Council Councilmember Han made a motion to table the motion The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime and Vice Mayor Fried voting Yes Mayor Festa voting No Councilmember Broucek made a motion stating that Council agrees to build a sanitary sewer The motion was seconded by Councilmember Han and approved by a 4-2 voice vote The vote was as follows Councilmembers Broucek, Fried, Han, Sime and Vice Mayor Fried voting Yes Councilmember Padovan and Mayor Festa voting No Chris Johannsen, 212 West Mashta Drive addressed the Council It was the consensus of Council to have the Manager bring before Council how the sanitary sewer is going to impact the capital programs The Manager recommended that the smallest amount possible from the General Fund be used for the Sanitary Sewer The Manager presented to the Council a report regarding the municipal resort tax/county development tax a) Dade County $ 38,132,108, b) Village of Key Biscayne $ 1,103,334 Councilmember Han made a motion to authorize the Manager to negotiate with the different firms which will provide general consulting architectural and engineering services to the Village and bring proposals before Council for approval The motion was seconded by Councilmember Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Mayor Festa requested the deferral of the discussion regarding employee policies and procedures There was no objection to the request The Manager reported that the East Enid Drive improvement program should be finalized by April 14, 1998 and the Femwood Street drainage project will be placed on the next agenda with a change order to do that work Village Clerk The Clerk submitted to the Council a certificate of legal insufficiency for the petition for amendment to the Charter, due to a deficiency in the required number of signatures of electors Conchita Suarez, 201 Crandon Boulevard addressed the Council 6of7 March 31 1998 The following item was submitted for information a memorandum to the Members of the Village Council regarding attendance of the Clerk to a Records Management Certification Program on April 29 and 30, 1998, dated March 25, 1998 The Office of the Mayor issued the following Proclamations during the month of March Days of Remembrance and March of Dimes WalkAmerica Day 10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 12 ADJOURNMENT The meeting was adjourned at 11 00 p m Respe ully submitted Conchita H Alvarez, Village Clerk Approved this 14th day of April, 1998 F Festa yor 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 7 of 7