HomeMy Public PortalAbout03-31-98 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
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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
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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
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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
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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
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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
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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
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