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HomeMy Public PortalAbout05-26-98 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 26, 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, Hugh O'Reilly, Michele Padovan and Mayor John Festa Councilmember Betty Sime and Vice Mayor Mortimer Fned were absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Richard Weiss and Steve Helfman 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES The minutes of the Playing Fields Workshop of May 5, 1998 and the Regular Council Meeting of May 12, 1998 were approved by unanimous consent 4 AGENDA Councilmember Padovan requested the addition of a discussion regarding Dade County Schools as Item 10A4 and Mayor Festa requested the addition of a report regarding the ANOMS System at the airport as Item 10A5 There were no objections to the agenda changes 5 SPECIAL PRESENTATIONS Mayor Festa presented, on behalf of the Village Council, Resolution 98-29 to the Rebozo Family expressing sympathy in the death of Charles G "Bebe" Rebozo 6 BUILDING, PLANNING AND ZONING All witness giving testimonies in the following zoning hearings were sworn in by the Clerk Heanng Number 98 -0428 -VC -02 (Deferred from the Public Heanng on Apnl 28, 1998) BellSouth Telecommunication, Inc , 89 Westwood Dnve, the applicants are requesting, pursuant to Section 33- 13 of the Metro -Dade County Zoning Code, an approval of an unusual use to install three unmanned cellular communications antennas on the existing guyed pole tower facility and to build a new 425 - square -foot pre -fabricated equipment building on the subject property I of May 26 1998 Director of Building, Zoning and Planning, John Little, addressed the Council stating his recommendation of approval with the following conditions 1 ) That the tower be developed by the applicant in a manner which is designed to accommodate the co -location of other telecommunication service provider's facilities subject to approval of the Village Manager, 2) That a landscape plan including the dedication by the applicant of a public area in close proximity to the tower site be submitted to and be subject to the approval of the approval of the Village Council, and 3) That the applicant provide evidence to the Village, indicating that sufficient public liability insurance or adequate self insurance is provided by the applicant to protect persons or properties in the vicinity of the tower from injury or damage, in the event that the tower collapses as a result of natural disaster The Mayor opened the public hearing Joel K Gustafson, Holland & Knight, representing the applicant, addressed the Council The Mayor closed the public hearing Mayor Festa made a motion to approve the request according to staff's recommendation The motion was seconded by Councilmember Broucek and approved by a 4-1 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly and Mayor Festa voting Yes Councilmember Padovan voting No Hearing Number 98 -0526 -VC -01 Robert M Koffler and Maria Teresa Benavides, 500 West Mashta Drive, pursuant to Section 30-63 (C 2) of the Key Biscayne Code, the applicants are applying for a non-use variance of a -maximum -of -five -foot -distance requirement to allow a proposed boat dock to extend seven feet (7') into the Smuggler's Cove from the subject property Director Little addressed the Council stating his recommendation for approval Councilmember Padovan disclosed that she had visited the site The Mayor opened the public hearing Don Giacomo, Bunnell Foundation, representing the applicant, addressed the Council The Mayor closed the public heanng Mayor Festa made a motion to approve the request The motion was seconded by Councilmember Padovan and approved by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes Hearing Number 98 -0526 -VC -02 Victor Hennquez, 300 Harbor Dnve, pursuant to Section 30-53 1 of the Key Biscayne Code, the applicant is applying for a non-use variance of twenty -five-foot (25') front setback requirement to allow a twelve -and -a -half -foot (12 5') front setback for a proposed garage of a newly constructed residence Director Little addressed the Council stating his recommendation for approval 2 of 8 May 26 1998 Councilmember Padovan and Councilmember Broucek disclosed that they had visited the site The Mayor opened the public hearing Clay Tootle, Interscope Contractors, representing the applicant, Jim Taintor, 355 Harbor Drive, Pat Kilgore, 370 Harbor Court, Victor Henriquez, owner of the property addressed the Council The Mayor closed the public hearing The Attorney addressed the Council regarding this request There was extensive discussion from Council regarding this request Mayor Festa made a motion to approve the request The motion was seconded by Councilmember O'Reilly and failed by a 3-2 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes Councilmembers Broucek and Han voting No Councilmember Han made a motion to deny the request The motion was seconded by Councilmember Broucek and failed by a 2-3 roll call vote The vote was as follows Councilmembers Broucek and Han voting Yes Councilmembers O'Reilly, Padovan and Mayor Festa voting No Hearing Number 98 -0526 -VC -03 Shell Oil Co , 70 Crandon Boulevard, pursuant to Section 28-7 of the Key Biscayne Code, the applicant is requesting an approval of a proposed monument sign to be placed on a corner abutting Crandon Boulevard and Harbor Drive Director Little addressed the Council stating his recommendation for approval The Mayor opened the public hearing Raul Llorente, 345 Cypress Drive, the applicant, addressed the Council The Mayor closed the public hearing Mayor Festa made a motion to approve the request The motion was seconded by Councilmember Padovan and approved by a 4-0 roll call vote The vote was as follows Councilmembers Han, O'Reilly, Padovan and Mayor Festa voting Yes Councilmember Broucek was out of the room at the time the vote was taken 7 REPORTS AND RECOMMENDATIONS (Deferred from the Regular Council Meeting of May 12, 1998) The following items were discussed Mayor and Councilmembers Councilmember Broucek addressed the Council calling upon Chief of Fire Rescue, John C Gilbert to address the Council regarding the participation of Key Biscayne in the Community Emergency Response Team (C E R T) Program Councilmember Broucek gave a brief update on Village Voices 3 of May 26 1998 Councilmember Padovan addressed the Council regarding the local library proposed budget cut requesting consensus from Council to allow her to get the facts together in order to bring them to Council at budget time It was the consensus of Council to approve this request Village Attorney The Attorney addressed the Council regarding an area -wide suit by the Catholic Church to establish itself as exempt from stormwater utilities fees (Bal Harbour et al \Favalora, Rev Etal) The Attorney explained that the Village has already exempted the Church from such fees, but the suit nevertheless includes Key Biscayne Attorney Helfman addressed the Council regarding rule 9-J5, explaining that a letter was sent to all Councilmembers with the explanation that the State required a sanitary sewer element to be part of the Village's master plan Councilmember Broucek made a motion to end debate on the above subject The motion was seconded by Councilmember O'Reilly and failed by a 2-3 voice vote The vote was as follows Councilmembers Broucek and O'Reilly voting Yes Councilmembers Han, Padovan and Mayor Festa voting No There was extensive discussion from Council on this issue Councilmember Broucek made a motion to close debate on the above subject The motion was seconded by Councilmember O'Reilly and approved by a 4-1 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly and Mayor Festa voting Yes Councilmember Padovan voting No The Attorney addressed the Council regarding the Fair Labor Standard Act stating that he is working with the Manager on this subject The Attorney addressed the Council regarding the situation of parking of RVs in residential streets on the West side and in front of town houses and condominium on the East side and boats on trailers on the swale and public areas Some of the stipulations were that there be one per property, no one living in it, be in good shape and be secured for hurricane season Councilmember Han made a motion directing staff to perform a comprehensive Village -wide parking study which would include these issues The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes Village Manager The Manager presented to the Council the 1998 Sixth Month Report Director of Finance and Administrative Services, Thomas, N Zanms, addressed the Council 4 of May 26 1998 8 ORDINANCES The Clerk read the following ordinance, on first reading by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY AMENDING ARTICLE III "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-53 1 "SCHEDULE OF DEVELOPMENT CRITERIA' BUILDING PLACEMENT, SETBACKS, PERMITTED ENCROACHMENTS, DENSITY, HEIGHT, MINIMUM LOT SIZE, ETC " CREATING A 50 FOOT REAR SETBACK FOR CERTAIN PROPERTIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR PENALTY, PROVIDING AN EFFECTIVE DATE Director Little addressed the Council informing that his department had sent out the notices to the affected property owners, as requested by Council The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Councilmember Padovan made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember O'Reilly and approved by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes The second reading of this ordinance will be at the Council Meeting of June 23, 1998 The Clerk read the following ordinance, on first reading by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, BY AMENDING SECTION 28-8 "TEMPORARY SIGNS", SUBSECTION (8) "REAL ESTATE OPEN HOUSE SIGN", TO PROVIDE FOR PERMITTED LOCATIONS OF SAID SIGNS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, AND PROVIDING AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Councilmember Padovan made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Broucek and approved by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes 5 of May 26 1998 It was the consensus of Council to direct staff to send out a notice to the Managers of the Real Estate offices in the Village advising them of the second reading of this ordinance The second reading of this ordinance will be at the Council Meeting of June 23, 1998 The Clerk read the following ordinance, on second reading by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE 1997- 1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBITS "A" AND "B", PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Councilmember Padovan made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Broucek Councilmember O'Reilly made an amending motion to move these funds into a new fund for tax reduction The motion died for lack of a second The main motion was approved by a 5-1 roll call vote The vote was as follows Councilmembers Broucek, Han, Padovan and Mayor Festa voting Yes Councilmember O'Reilly voting No 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING APPRECIATION OF L GRANT (JACK) PEEPLES FOR HIS DEDICATION TO AND ACHIEVEMENTS FOR THE VILLAGE THROUGH EFFECTIVE LOBBYING EFFORTS WITH THE STATE OF FLORIDA Mayor Festa made a motion to approve the resolution The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes Ed Meyer, 100 Sunrise Drive addressed the Council 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers The Manager requested the deferral of the discussion regarding Villa #69 to the June 9, 1998 meeting 6 of 8 May 26 1998 The Manager addressed the Council regarding the proposed Sanitary Sewer Project reporting that he will meet on May 27, 1998 with State Department Health Officials to determine if there is a one year requirement for hooking up to a sanitary sewer system after it becomes available and if this is required, how to get a variance Mayor Festa addressed the Council regarding Ordinance 96-6 which requires 5 affirmative votes from Council on any official approval involving a loan This item was brought before Council as a point of clarification Councilmember Padovan reported that she met with School Board Officials regarding the installation of lights for the basketball court and informed the Council that this will not place this year Mayor Festa gave a brief report regarding the ANOMS system at the airport Village Attorney The Attorney submitted his report earlier in the meeting Village Clerk The Clerk informed the Council that the following proclamations had been issued by the Office of the Mayor during the month of May Flag Day and Memorial Day Celebration The Clerk gave a brief report on the procedure to obtain absentee ballots from her office for the upcoming June 30, 1998 special election Village Manager The Manager requested approval of a request from the 7th Annual Cure Huntington' Disease Tnathlon, schedule for August 9, 1998 at 7 00 A M in Crandon Park and along Rickenbacker Causeway Mayor Festa made a motion to approve the Huntington's Disease Tnathlon on August 9, 1998 The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan and Mayor Festa voting Yes The following items were provided for information letter from Dick Cromartie, Commander, Post 374, The American Legion, regarding the Monument for the Village Green, dated May 8, 1998, letter from Village Manager to the Kiwanis Club of Key Biscayne, Inc , regarding the Kiwanis 5th Annual Fourth of July Picnic on the Green -Village Green rental permit 11 OTHER BUSINESS/GENERAL DISCUSSION Councilmember Broucek requested consensus from Council to have a discussion regarding bed and breakfast inns and vacation home rentals addressed by the Key Biscayne Chamber of Commerce in a letter sent to Council It was the consensus of Council to instruct staff to look into these issues Yarina de los Rios, 825 Bnckell Bay Drive, Miami, Conchita Suarez, 201 Crandon 7of8 May 26 1998 Boulevard addressed the Council 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 13 ADJOURNMENT The meeting was adjourned at 10 10 p m Resp ' ully submitted onchita H Alvarez, Village Clerk Approved this 1st day of July ,1998 F Festa or 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 8 of