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HomeMy Public PortalAbout10-27-98 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING TUESDAY, OCTOBER 27, 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, 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 Richard Weiss 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES Councilmember Padovan offered technical corrections to the minutes The corrected minutes of the Council Meeting of October 13, 1998 were approved by unanimous consent 5 AGENDA Councilmember Sime requested the addition of Island Drive to Item 11A8, Mayor Festa requested to hear Items 11 A 1 and 11A8 after the zoning hearings and to remove Item 11 D 1 from the consent agenda, the Manager requested the withdrawal of Item 7C, Councilmember Padovan requested the addition of a letter to the City of Miami regarding Virginia Key as Item 11A9 There were no objections to the agenda changes 6 CONSENT AGENDA The following consent agenda was approved by unanimous consent 1 of October 27 1998 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING ADDENDUM #1 TO THE LONG RANGE BEACH NOURISHMENT PLAN, VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE CERTIFICATION OF OCTOBER 1,1998 PRIMARY ELECTION RESULTS 7 SPECIAL PRESENTATIONS Chief of Fire Rescue, John C Gilbert, presented to the Council and the community of Key Biscayne a plaque awarding accreditation status to the Fire Department The Mayor, on behalf of the Village Council, presented checks to the following 1998 participants of the Employee Training and Development Program Michael Bain, Ana de Varona, Carolyn Greaves, Fire Lieutenant Jose Marti and Police Officer Idalberto Torres The Mayor, on behalf of the Village Council, presented a Proclamation to Mr Robert L Brookes for his dedication to this community Mr Brookes bnefly addressed the Council and the community 8 BUILDING, ZONING AND PLANNING All witness giving testimony in the following zoning hearing were sworn in by the Clerk Hearing Number 98 -1027 -VC -01 The Key Biscayne Ocean Club Limited Partnership, 755 Crandon Boulevard, the applicant, is requesting final site plan approval for the proposed Lake Tower Project that was part of the previously approved "The Ocean Club, Master Plan" (Resolution No Z-10-95) Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval with the following conditions 1 Approve the attached Lake Tower Site Plan with 75 units in place of the 66 units that was part of the original Ocean Club Master Plan, 2 Consider removing the requirement that the emergency access gate to Seaview Drive be maintained and 3 That the maximum number of units in the entire Ocean Club Project remain capped at 832 The Mayor opened the public hearing John Hinson, the applicant, 755 Crandon Boulevard, Michael Kahn, 881 Ocean Drive, Camille Guething, 260 Seaview Drive The Mayor closed the public heanng 2 of 9 October 27 1998 Councilmember Padovan made a motion to approve the request with staff's recommendations one and three The motion was seconded by Vice Mayor Fried and approved by a 5-0 roll call vote The vote was as follows Councilmembers Broucek, Han, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Sime excused herself due to conflict of interest Hearing Number 98 -1027 -VC -02 Grand Bay Tower Associates, 455 Crandon Boulevard, the applicant, is requesting approval of a modification to a previously approved Administrative Development Tract Plan for Tract B C (Condominium Towers No 1 & 2), "Grand Bay Tower and Resort Key Biscayne" Project (Resolution No Z-07-94) Director Kurlancheek addressed the Council stating his recommendation of approval The Mayor opened the public hearing Al Dodson, 2500 First Union Financial Center, representing the applicant, addressed the Council The Mayor closed the public hearing Councilmember Padovan made a motion to approve the request The motion was seconded by Councilmember Broucek 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 Heanng Number 98 -1027 -VC -03 Grand Bay Estates Partnership, Key Biscayne, the applicant, is requesting final plat approval for the Grand Bay Villas Phase II for 21 single lots Director Kurlancheek addressed the Council stating his recommendation of approval subject to the following conditions 1 No building permit shall be issued until the Director of Building, Zoning and Planning Department approves the lighting plan and street signage and 2 The open space requirements (setbacks, lot coverage, open space, or landscaping) as set forth in the Dade County Zoning Code (Section 33-284 27) be met without the benefit of any variances The Attorney addressed the Council regarding this application The Mayor opened the public hearing Carter McDowell, 2500 First Umon Financial Center, representing the applicant, Marlene Garcia, 1001 Bnckell Bay Dnve, representing the Grand Bay Villas Homeowners Association, opposing the request, Jose Luis Llanes, developer of Grand Bay Villas, opposing the request addressed the Council The Mayor closed the public hearing Councilmember Han made a motion to approve the request with staff's recommendations 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, Padovan, Sime, Vice Mayor Fned and Mayor Festa voting Yes 3 of October 27 1998 At this time Item 11A 1 sidewalks for West Heather and West Wood Drives and West Heather Drive traffic calming was heard Councilmember Han made a motion to approve sidewalks on both sides of West Heather Dnve and West Wood Drive from Fernwood Drive to Harbor Drive, to authorize the Village Manager to advertise for bids for the construction of sidewalks on both sides of West Wood and traffic calming on West Heather, contract will contain an option to construct sidewalks on West Heather and traffic calming on West Wood at a later date upon approval of the next Council The motion was seconded by Councilmember Sime Chief of Police, Michael J Flaherty addressed the Council and presented a video reflecting the traffic on West Heather Drive Vice Mayor Fned made an amending motion to add sidewalks one side of West Heather Drive The motion was seconded by Councilmember Sime Councilmember Broucek made an amending motion to make West Heather a one way street running from East to West The motion died for lack of a second Councilmember Padovan made an amending motion to have the south side of the road paved 3' or 4' and install round orange cylinder devices letting the vehicle traffic know that that is a safety pedestrian walkway The motion died for lack of a second Councilmember Sime made an amending motion to install sidewalks on the south side of West Heather The motion was seconded by Vice Mayor Fried Mayor Festa made a motion to defer the sidewalks motion to the Council Meeting of December 8, 1998 The motion was seconded by Councilmember Padovan and failed by a 3-3 roll call vote The vote was as follows Councilmembers Broucek, Padovan and Mayor Festa voting Yes Councilmembers Han, Sime and Vice Mayor Fried voting No Raul Lastra, 0 B M Miami, Mohammed Assan, Head of the Traffic Engineering Section, Miami -Dade County and Andy Kacer, Williams Hattfield and Stoner addressed the Council regarding the sidewalks Councilmember Han made a motion to reconsider the motion to defer 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 The motion to defer the sidewalks motion to the Council Meeting of December 8, 1998 was 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 Sime voting No 4 of 9 October 27 1998 Staff was directed to come back to Council considering all options that have been presented and discuss the advantages and disadvantages of the different options At this time Councilmember Sime addressed the Council regarding traffic calming requests for East Heather and Island Drives The Manager addressed the Council regarding these requests Raul Lastra, 0 B M Miami, addressed the Council regarding traffic calming devices Councilmember Sime made a motion to proceed with traffic calming speed tables ($43,000) on East Heather Dnve 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 Bob Oldakowski, 550 Ocean Drive, Ernesto Alvarez, 261 Island Drive addressed the Council Chief of Police, Michael J Flaherty addressed the Council regarding temporary devices for traffic calming on Village streets Councilmember Padovan made a motion instructing staff to report back to Council at the Meeting of December 8, 1998 regarding recommendations and options to slow down traffic on Island Drive The motion was seconded by Mayor Festa Councilmember Han made an amending motion to include North and South Mashta Drive The motion died for lack of a second The Padovan motion 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 9 ORDINANCES The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $7,200,000 OF STORMWATER UTILITY REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS, AND PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing Bob Oldakowski, 550 Ocean Dnve addressed the Council The Mayor closed the public hearing 5 of 9 October 27 1998 Councilmember Padovan made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Broucek Mayor Festa made an amending motion to refinance over a period of 25 years The motion was seconded by Councilmember Padovan Percy R Aguila, Jr , Financial Advisor for the Village, addressed the Council regarding this ordinance Councilmember Sime made an amending motion to refinance over a penod of 20 years The motion was seconded by Councilmember Han 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 The Ordinance as amended was 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 The Manager presented to the Council the East Emd Drive improvement program awarding of contract to Horizon Construction Inc in the amount of $607,000 which includes the contract cost of $587,000 plus a $20,000 contingency appropriation Mayor Festa made a motion to award the East Enid Drive improvement contract to Horizon Construction in the amount of $607,000 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 clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE CREATION OF FUND AND BUDGET AMENDMENT FOR THE SANITARY SEWER IMPROVEMENT FUND AS A FUND WITHIN THE ENTERPRISE FUNDS PROVIDED BY THE ANNUAL BUDGETS OF THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR SEVERABILITY, PROVIDING FOR EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Councilmember Broucek made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Han Mayor Festa made an amending motion to stnke "within the enterprise funds" The motion was seconded by Councilmember Padovan and failed by a 2- 4 roll call vote The vote was as follows Councilmember Padovan and Mayor Festa voting Yes Councilmembers Broucek, Han, Sime and 6of9 October 27 1998 Vice Mayor Fried voting No The ordinance was approved by a 4-2 roll call vote The vote was as follows Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes Mayor Festa and Councilmember Padovan voting No 11 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Sime addressed the Council regarding the report on the Goals and Objectives presented to Council by Lyle Sumek and Associates The Clerk announced that the candidates for Council had received a copy of the report Councilmember Broucek stated that she would place this item back on the agenda for discussion after the new Council is elected Bob Oldakowski, 550 Ocean Drive addressed the Council Councilmember Sime addressed the Council regarding the Village's opposition to the Seaquanum's Village Councilmember Padovan presented to the Council a swale violations study findings The Manager was instructed to send a letter to the homeowners that are in violation of the Village Code mforming them that the Code will be enforced Councilmember Padovan addressed the Council regarding the residential speed limit Juan Santaella, 360 West Heather Dnve, Don Keller, 555 Crandon Boulevard addressed the Council Councilmember Padovan addressed the Council regarding the situation at the Rickenbacker Causeway Toll at the time of the residential pass renewal The Manager was directed to send a letter to the Manager of the Miami -Dade County Public Works Department regarding this issue Councilmember Sime addressed the Council and the public regarding a clarification of Village surplus Councilmember Padovan addressed the Council regarding the fact that Virginia Key beach is closed The Attorney addressed the Council regarding this issue Village Attorney The Attorney presented to the Council a proposed amendment to the zoning code concerning administrative variances AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY AMENDING ARTICLE II "AMENDMENT TO ZONING ORDINANCE" BY AMENDING PARAGRAPH (A) OF SECTION 30-24 7of9 October 27 1998 "ADMINISTRATIVE VARIANCES" BY EXPANDING AUTHORITY TO ADMINISTRATIVELY GRANT CERTAIN MINOR SETBACK VARIANCES FOR SETBACK ENCROACHMENTS CAUSED BY ERRORS IN SURVEYS, AS BUILT DRAWINGS OR BY CONSTRUCTION ACTIVITIES, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR EFFECTIVE DATE Director Kurlancheek addressed the Council regarding this ordinance The Ordinance will be placed on the agenda, on first reading, for the Council meeting of December 8, 1998 The Attorney also informed the Council that Tipton Associates Incorporated had been retained as traffic engineer (Seaquanum) as of October 15, 1998 The Attorney addressed the Council regarding the pending stormwater litigation informing the Council that the plaintiff in this action filed a voluntary dismissal of the claim as to all of the cities, keeping Miami -Dade County as the only defendant The attorneys will research their ability to get reimbursement for costs and attorneys fees Village Clerk The Clerk presented the certification of the results of the October 1, 1998 primary election The Office of the Mayor issued the following Proclamation dunng the month of October Bible Week Village Manager The following items were provided for information letter to Charles Danger, P E , Chief Code Compliance Officer, Miami -Dade County from Leo Llanos, P E , Chief Building Official, Village of Key Biscayne regarding bus shelters on Key Biscayne, dated October 16, 1998, letter to Village Manager from Village Attorney regarding update of pending stormwater litigation, dated October 16, 1998, letter to Village Manager from Lynn Whisenhunt, General Manager, Adelphia, regarding cable programming for Key Biscayne, dated October 14, 1998, letter to Chief John Gilbert from John R Calpim, Department of Insurance, the State of Florida regarding Village of Key Biscayne Fire Department, dated October 8, 1998, memorandum from Donald H Warshaw, City Manager, City of Miami, regarding draft minutes from meeting of 9/17/98 Virginia Key - Key Biscayne Working Group, dated October 6, 1998, magazine article from The Official Journal of Florida Fire & Emergency Service Professionals regarding the Village of Key Biscayne Fire Rescue Department's accreditation, dated October 1998, magazine article from IAFC On Scene regarding the Village of Key Biscayne Fire Rescue Department's accreditation, dated October 1998, letter to Jack Peeples, Esquire from James T Howell, M D ,MPH , Secretary, Flonda Department of Health regarding the sewer system expansion, dated September 24, 1998, letter to Chief John Gilbert from Randy R Bruegman, Commission Chairman, Commission on Fire Accreditation International regarding the Village of Key Biscayne Fire Department, dated September 22, 1998, Key Biscayne's 8 of 9 October 27, 1998 American Legion Post invitation to Memonal Dedication on the Village Green, November 11, 1998 at 11 00 a m , 1998 adopted millage chart 12 OTHER BUSINESS/GENERAL DISCUSSION Councilmember Han addressed the Council regarding the programs offered by Adelphia Cable The Manager was directed to write a letter to Adelphia Cable and to contact Miami -Dade County regarding the level of service provided to the Village Mayor Festa addressed the Council regarding the letter addressed to Mr Jack Peeples from James T Howell, M D ,MPH , Secretary, Florida Department of Health addressing the planned sewerage system expansion for the Village of Key Biscayne Councilmember Padovan addrressed the Council encouraging them to attend the Dade League of Cities monthly meeting which will be held at the Sonesta Beach Hotel on November 5, 1998 at 6 30 pm 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 00 p m Respe fully submitted Conchita H Alvarez, Village Clerk Approved this 17th day of November ,199 Joe I Rasco Mayor v ` "*);;;3 N4,41V-11-W 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 9 of 9