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Home My Public Portal About02-25-97 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 25, 1997 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The mayor called the meeting to order at 7 06 p m Present were Councilmembers Mortimer Fned, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor Festa Councilmember Christina Reed was absent Also present were Village Manager 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 The minutes of the Council Meeting of February 11, 1997, were adopted by unanimous consent 4 AGENDA The following changes were made to the agenda Councilmember O'Reilly requested the addition of discussion regarding a Veteran's Memorial as Item 9A1, Councilmember Sime requested the addition of a request for the upcoming special election as Item 9A2, Mayor Festa requested the addition of discussion on Aircraft Noise Resolution as Item 9A3, the addition of Dade County League Delegation, Round Table of Mayors, Meeting on Friday, February 28, 1997 as Item 9A4 and discussion on procedures to follow for purchasing land as Item 9A5 5 SPECIAL PRESENTATIONS There were no special presentations 6 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 17 "NOISE" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND 1 of February 25, 1997 AN EFFECTIVE DATE The mayor opened the public hearing There were no speakers The mayor closed the public hearing Vice Mayor Padovan made a motion to adopt the ordinance The motion was seconded by Councilmember Fried and adopted by a 6-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 19 "PARK RULES AND REGULATIONS" OF THE VILLAGE CODE BY CREATING SECTION 19-16 "MOTOR VEHICLE PARKING LOT DECAL PROGRAM" TO PROVIDE PREFERENCE TO RESIDENTS OF THE VILLAGE FOR PARKING IN CERTAIN AREAS, PROVIDING FOR SEVERABILITY, PENALTY, INCLUSION IN THE CODE, IMPLEMENTATION AND AN EFFECTIVE DATE Councilmember Fned made a motion to adopt the ordinance The motion was seconded by Councilmember O'Reilly Councilmember Sime made a motion to amend Section 19-16 (c)(1) to renew the decal every two (2) years The motion was seconded by Councilmember O'Reilly and failed by a 2-4 roll call vote The vote was as follows Councilmembers O'Reilly and Sime voting Yes Councilmembers Fned, Han, Vice Mayor Padovan and Mayor Festa voting No Councilmember Han made a motion to amend Section (c)(3) to say "The decal shall be displayed on the vehicle as designated by the Village Manager" The motion was seconded by Councilmember Sime and approved by a 6-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Haydee Archibald, 881 Ocean Drive addressed the council 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 CODE OF KEY BISCAYNE, FLORIDA, CREATING SECTION 30-26 PROHIBITING EX-PARTE COMMUNICATIONS WITH LOCAL GOVERNMENT OFFICIALS ON QUASI- JUDICIAL MATTERS, AUTHORIZING A PROCEDURE FOR SITE VISITS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE 2 of 6 February 25, 1997 The mayor opened the public hearing There were no speakers The mayor closed the public heanng Councilmember Fried made a motion to adopt the ordinance The motion was seconded by Councilmember Sime and adopted by a 6-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE EXTENSION OF THE MATURITY DATE OF ITS STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995, AMENDING ORDINANCE NO 95-3, TO CLARIFY THAT THE MATURITY DATE LIMITATIONS ON THE BOND ANTICIPATION NOTES ISSUED PURSUANT THERETO DO NOT APPLY TO ANY EXTENSIONS OR RENEWALS, AND PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Padovan made a motion to adopt the ordinance Councilmember Fned seconded the motion and it was adopted by a 6-0 roll call vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The manager addressed the council on this issue The mayor opened the public heanng Sam Davitian, 720 Myrtlewood Lane addressed the council The mayor closed the public heanng By council consensus the attorney was directed to look into how this would relate to the dept cap ordinance The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY AMENDING ARTICLE IV "FINANCE" BY CREATING DIVISION 3 "SALARY" TO ENACT SECTION 2-59 "SALARY CAP" ESTABLISHING A SALARY CAP IN THE AMOUNT OF $105,000 AS THE MAXIMUM ANNUAL SALARY THAT CAN BE PAID BY THE VILLAGE TO ANY EMPLOYEE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Councilmember Fried made a motion to adopt the ordinance The motion was seconded by Mayor 3 of February 25, 1997 Festa The mayor opened the public hearing There were no speakers The mayor closed the public hearing Mayor Festa made a motion to defer the ordinance to the next council meeting Vice Mayor Padovan seconded the motion and it failed by a 3-3 roll call vote The vote was as follows Councilmembers O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers Fned, Han and Sime voting No Councilmember Fried called for the question which was seconded by Councilmember Sime and failed by a 4-2 voice vote Councilmembers Fned, Han, Sime and Vice Mayor Padovan voting Yes Councilmember O'Reilly and Mayor Festa voting No 7 RESOLUTIONS There were no resolutions 8 PUBLIC HEARINGS All witness giving testimony in the following zoning hearings were sworn in by the clerk Nearing Number 97 -0225 -VC -01 Branaldi, Inc DBA Linda B Steak House, 320 Crandon Boulevard, the applicant requested a proposed monument sign to replace the existing monument sign in the same location to read as "LINDA B STEAK HOUSE" John Little, Director of Building, Zoning and Planning addressed the council with staff's recommendations Linda Brandin, representing Linda B Steak House, 320 Crandon Boulevard addressed the council Mayor Festa made a motion to defer this hearing to the next council meeting of March 11, 1997 The motion was seconded by Councilmember Sime and approved by a 5-1 roll call vote The vote was as follows Councilmembers Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Fried voting No Heanng Number 97 -0225 -VC -02 Finivest Investments, Inc , 200-240 Crandon Boulevard, the applicant, a public presentation was made by the owner and agents of 200-240 Crandon Boulevard with regards to the future development of the subject property Jorge A de la Llama, 7400 S W 50th Terrace, Suite 207, Miami representing the applicant, made the presentation to the council Fritz Scharenberg, 240 Crandon Boulevard, Suite 212, addressed the council 4of6 February 25, 1997 Raul Lastra, Village Planner, addressed the council on this project Conchita Suarez, 201 Crandon Boulevard, Paul Matassi 255 Galen Drive, Fritz Scharenberg, 240 Crandon Boulevard, Suite 212, addressed the council 9 REPORTS AND RECOMMENDATIONS Mayor and Councilmembers Councilmember O'Reilly read a letter from William J Hodgson and made a motion to approve in principal a Veteran's Memonal on the Village Green The motion was seconded by Mayor Festa and approved by a unanimous voice vote Haydee Archibald, 881 Ocean Drive addressed the council Councilmember Sime made a request for the upcoming special election to look at the records for office building addresses The clerk reported that she had already done this and would call the Dade County Supervisor of Elections to get the outcome of this research Mayor Festa requested that the manager bring back to the next council meeting a resolution stating our concerns on the aircraft noise issue and after approval send it to the County, State Senators and Congresswoman By council consensus the manager was directed to draft a resolution addressing this issue Mayor Festa requested for input from Councilmembers of issues they would like for him to present at the Dade County League Meeting this Friday The following items were suggested beach renounshment, playing fields, aircraft noise, mandated revenue sharing, preemption provision by the state on the ethical commission Mayor Festa presented some suggestions as to the procedures to follow when purchasing land Village Attorney The attorney did not submit a report Village Clerk The clerk read a letter from Mr Thomas A Ziebart, Vice -President, Exclusive Sports Marketing, Publix Super Markets, dated February 10, 1997 requesting approval for a Gatorade Tnathlon that will take place on Sunday, May 5, 1997 at 7 00 a m on Key Biscayne Councilmember Sime made a motion to approve the request Vice Mayor Padovan seconded the motion and it was approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes By Council consensus staff was directed to bring back to council a report on how permits are obtained to use the Green and the use of the Village Green for playing soccer 5of6 February 25, 1997 Councilmember Sime gave a brief summary of the Charter Revision Commission meetings and stated that a final report will be included in the agenda package for the Council meeting of March 11, 1997 Village Manager The manager presented the following information items a Commentary by President, Amencan Coastal Coalition "The President's Budget Shore Protection Takes A Hit!" "E -Mail" letter from Juan A Michelena, 800 Harbor Drive, dated February 9, 1997 10 OTHER BUSINESS/GENERAL DISCUSSION 11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 12 ADJOURNMENT The meeting adjourned at 9 20 p m Respectfully submitted )a-id4(2) Conchrta H Alvarez Village Clerk Approved by the Village Council this llth day of March ,1997 4--- IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT 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 6of6