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
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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
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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
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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
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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
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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
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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
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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
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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
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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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