HomeMy Public PortalAbout03-11-97 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, MARCH 11, 1997
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 Mortimer Fned (amved 7 09 p m ), Gregory
Han, Christina Reed, Hugh O'Reilly, Vice Mayor Michele Padovan and Mayor John Festa
Councilmember Betty Sime was absent Also present were Village Manager C Samuel Kissinger,
Village Clerk Conchita Alvarez and Village Attorney Richard Weiss
2 INVOCATION Reverend Timothy Leighton, Key Biscayne Community Church, led the
invocation
3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance
4 APPROVAL OF MINUTES The Clerk offered technical corrections to the minutes of the
Special Council Meeting of February 18, 1997 and to the minutes of the Special Council Meeting
of February 25, 1997 The corrected minutes of the Special Council Meeting of February 18, 1997
and the minutes of the Special Council Meeting of February 25, 1997 were approved by unanimous
consent
5 AGENDA Mayor Festa requested that Item 11-D-6 be heard as Item 11-A-8 and that Item
11-D-7 be heard as Item 11-A-9
6 SPECIAL PRESENTATIONS Michael Kahn, Vice Chairman of the Charter Revision
Commission presented the Final Report to the Council and public Mayor Festa and Councilmember
O'Reilly thanked the Charter Revision Commission for a job well done
7 PUBLIC COMMENTS Ray Sullivan, 625 Harbor Circle addressed the Council regardmg
the sign ordinance, Max Puyanic, 480 S Mashta Drive addressed the Council regarding the
condition of the house next to his on S Mashta Dnve, Craig & Cnstma Mattocks, 177 Ocean Lane
Drive, Dorothea Bailey, 338 West Heather Dnve, Bob Skinner, 561 Sable Palm Dnve addressed the
Council regardmg the racoon issue, Richard Silver & Ron Gam, 2960 N W Boca Raton Boulevard,
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March 11, 1997
Boca Raton addressed the Council
8 ORDINANCES The Clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REZONING
THE 0 69 ± ACRE PARCEL OF LAND LOCATED AT ONE CRANDON
BOULEVARD FROM BU -IA (LIMITED BUSINESS DISTRICT) TO RU -3M
(MINIMUM APARTMENT HOUSE DISTRICT), PROVIDING FOR
SEVERABILITY, AND AN EFFECTIVE DATE
John P Little, Director of Building, Zoning and Planning stated his recommendation for approval
All witnesses were sworn in by the Clerk The Mayor opened the public hearing Charles Kaleta,
150 Southeast 2nd Avenue, Miami, representing Robert Matheson & sisters, addressed the Council
The Mayor closed the public hearing
Councilmember O'Reilly made a motion to approve the ordinance The motion was seconded by
Vice Mayor Padovan and approved by a 5-0 roll call vote The vote was as follows
Councilmembers Fned, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
Councilmember Han abstained from voting due to conflict of interest
The Clerk read the following ordinance, on second 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
AN EFFECTIVE DATE
The Manager and the Attorney addressed the council on this ordinance The Mayor opened the
public hearing Tony Camejo, 151 Crandon Boulevard, Conchita Suarez, 201 Crandon Boulevard,
Jim O'Neill, 210 Seaview Drive addressed the council The mayor closed the public hearing
Mayor Festa made a motion to adopt the ordinance The motion was seconded by Councilmember
Fried
Councilmember Han made a motion to change the wording before and after the time language
Mayor Festa seconded the motion and was approved by a 6-0 roll call vote The vote was as follows
Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
Councilmember O'Reilly made a motion to strike Section 17-5 Exemptions (a) The motion was
seconded by Councilmember Reed and failed by a 2-4 roll call vote The vote was as follows
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March 11, 1997
Councilmembers O'Reilly and Reed voting Yes Councilmembers Fried, Han, Vice Mayor Padovan
and Mayor Festa voting No
The ordinance as amended was adopted by a 6-0 roll call vote The vote was as follows
Councilmembers Fned, Han, O'Reilly, Reed, Vice Mayor Padovan 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,
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
The Mayor opened the public hearing There were no speakers present The Mayor closed the
public hearing
Mayor Festa made a motion to adopt this ordinance The motion was seconded by Councilmember
Fried and adopted by a 6-0 roll call vote The vote was as follows Councilmembers Fned, Han,
O'Reilly, Reed, Vice Mayor Padovan 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,
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
The Manager, the Attorney, Percy Aguila and Jeff DeCarlo from Rauscher, Pierce Refsnes, Inc
addressed the council on this issue
The Mayor opened the public hearing Sam Davitian, 720 Myrtlewood Lane, addressed the council
The Mayor closed the public hearing
Mayor Festa made a motion to adopt the ordinance The motion was seconded by Councilmember
Fried
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Mayor Festa made a motion to change the term to 364 days The motion was seconded by
Councilmember Reed and approved by a 6-0 roll call vote The vote was as follows
Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
The ordinance as amended was approved by a 6-0 roll call vote The vote was as follows
Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
Mayor Festa made a motion to reconsider the ordinance The motion was seconded by
Councilmember Reed and approved by a 6-0 voice vote The vote was as follows Councilmembers
Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
Mayor Festa made a motion to amend the language to say "78% or less" as suggested by staff The
motion was seconded by Councilmember Reed and approved by a 6-0 roll call vote The vote was
as follows Councilmembers Fried Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa
voting Yes
The ordinance as amended was adopted by a 6-0 roll call vote The vote was as follows
Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
9 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
RESOLUTION NO 95-11, TO EXTEND THE MATURITY DATE AND CHANGE
THE INTEREST RATE ON THE BOND ANTICIPATION NOTES ISSUED
PURSUANT THERETO, AND PROVIDING FOR AN EFFECTIVE DATE
Mayor Festa made a motion to approve the resolution Councilmember O'Reilly seconded the
motion
Mayor Festa made a motion to amend the resolution to change the term to 364 days The motion
was seconded by Councilmember Reed and approved by a 6-0 voice vote The vote was as follows
Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa votmg Yes
Mayor Festa made a motion to amend the language to say "78% or less" The motion was seconded
by Councilmember O'Reilly and approved by a 6-0 voice vote The vote was as follows
Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa votmg Yes
Mayor Festa made a motion to approve the resolution as amended Vice Mayor Padovan seconded
the motion and it was approved by a 6-0 voice vote The vote was as follows Councilmembers
Fned, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
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March 11 1997
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING
THE CITIZENS OF KEY BISCAYNE TO PETITION IN SUPPORT OF
RESOLUTIONS 93-15, 93-24, AND 94-10, URGING THE FEDERAL AVIATION
ADMINISTRATION TO ADDRESS THE PROBLEM OF HIGH NOISE LEVELS
FROM AIRCRAFT FLYING OVER TIIE VILLAGE OF KEY BISCAYNE PROPER,
PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fned made a motion to approve the resolution Mayor Festa seconded the motion
Mayor Festa made a motion to amend the resolution to include Mayor Alex Penelas in the
distribution list The motion was seconded by Councilmember Fried and approved by a 6-0 voice
vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Reed, Vice Mayor Padovan
and Mayor Festa voting Yes
The resolution as amended was approved by a 6-0 voice vote The vote was as follows
Councilmembers Fned, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CHANGE ORDERS
TO THE CONTRACT, ATTACHED, WITH MEF CONSTRUCTION, INC , MIAMI,
FLORIDA FOR ADDITIONAL DRAINAGE, PAVING AND TRAFFIC CALMING
IMPROVEMENTS, ORIGINAL CONTRACT AUTHORIZED MARCH 12, 1996,
PROVIDING FOR AN EFFECTIVE DATE
Raul Lastra, Village Planner and Carroll Sanders, from William Hatfield and Stoner addressed the
Council
Vice Mayor Padovan made a motion to approve the resolution Councilmember Fried seconded the
motion and it was approved by a 5-1 voice vote The vote was as follows Councilmembers Fned,
Han, O'Reilly, Reed and Vice Mayor Padovan voting Yes Mayor Festa voting No
The Clerk read the following resolution by title
A SOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING
THE FLORIDA LEGISLATIVE DELEGATION TO REPEAL THE PREEMPTION
LANGUAGE CONTAINED IN F S CHAPTER 386 109 THE CLEAN INDOOR AIR
ACT, AND TO RESTORE THE RIGHTS OF MUNICIPALITIES TO ENACT MORE
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March 11, 1997
STRINGENT LOCAL ORDINANCES AUGMENTING THE STATE
REQUIREMENTS, PROVIDING FOR AN EFFECTIVE DATE
Mayor Festa made a motion to add this resolution to the agenda The motion was seconded by Vice
Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Fned,
Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
Mayor Festa made a motion to approve the resolution The motion was seconded by Councilmember
Han and failed by a 3-3 voice vote The vote was as follows Councilmembers O'Reilly, Vice
Mayor Padovan and Mayor Festa voting Yes Councilmembers Fned, Han and Reed voting No
10 PUBLIC HEARINGS All witness giving testimony m the following zoning hearings were
sworn in by the Clerk
Hearing Number 97 -0225 -VC -01 Branaldi, Inc DBA Linda B Steak House, 320 Crandon
Boulevard, the applicant, pursuant to Section 28-7 of the Key Biscayne Code, requested a proposed
monument sign to replace the existing monument sign in the same location read as "LINDA B
STEAK HOUSE"
John Little, Director of Building, Zoning and Planning addressed the council recommending
approval with the following conditions 1) That the maximum sign height be four feet (4') from the
ground elevation to the top extremity of the proposed sign, in other words, the 22 -inch sign post be
eliminated, 2) That the applicants re -locate the proposed sign to be twenty feet (20') from the edge
of the driveway m the north entrance leading to Crandon Boulevard and minimum five feet (5') from
the right-of-way line, 3) That the applicants comply with the landscape requirements as established
in the section 28-0(g) of the Village Code
The Mayor opened the public hearing Linda Brandin, 320 Crandon Boulevard, Conchita Suarez,
201 Crandon Boulevard, Michael Kahn, 881 Ocean Drive, Heidi Archibald, 881 Ocean Dnve
addressed the council The Mayor closed the public hearing
Councilmember Fned made a motion to approve the terms and conditions of the application without
staffs recommendation The motion was seconded by Councilmember O'Reilly and approved by
a 5-1 roll call vote The vote was as follows Councilmembers Fned, O'Reilly, Reed, Vice Mayor
Padovan and Mayor Festa voting Yes Councilmember Han voting No
Councilmember Han made an amending motion to require the applicant to move the sign to the
location recommended by staff if another sign is installed on the property The motion died for lack
of a second
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March 11 1997
Mayor Festa made a motion to let the applicant change the language on the sign to say "Steaks,
Seafood and Pasta" The motion was seconded by Councilmember O'Reilly and approved by a 6-0
voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor
Padovan and Mayor Festa voting Yes
The sign as amended was approved by a 5-1 roll call vote The vote was as follows
Councilmembers Fried, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
Councilmember Han voting No
Heanng Number 97 -0311 -VC -01 Robert H Matheson, Jr , Anna Matheson, Chnstme Anderson
and Dorothy Cuayo, 1 Crandon Boulevard, requested an unusual use to allow the construction and
operation of a continuing or post -graduate professional education facility, including administrative
offices, laboratones, audio and visual facilities, classrooms and other related or incidental uses on
the property located at 1 Crandon Boulevard
Director Little addressed the Council recommending approval of the request The Mayor opened
the public hearing Charles J Kaleta, Jr 150 S E 2nd Avenue, Suite 300, Miami, Mark Fned, 1110
Bnckell Avenue, Miami addressed the Council The Attorney addressed the Council on this request
The Mayor closed the public heanng
Mayor Festa made a motion to approve the request The motion was seconded by Councilmember
O'Reilly and approved by a 5-0 roll call vote The vote was as follows Councilmembers Fned,
O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Han abstaining
due to conflict of interest
Heanng Number 97 -0311 -VC -02 Robert H Matheson, Jr , Anna Matheson, Chnstme Anderson
and Dorothy Cuayo, 1 Crandon Boulevard, requested a non-use vanance of the thirty percent (30%)
maximum allowed lot coverage requirement to permit thirty-two point five percent (32 5%) of the
lot coverage for the proposed post -graduate education facility to be located at 1 Crandon Boulevard,
a non-use vanance of the thirty-five foot (35') maximum allowed overall building height requirement
to permit a total building height of fifty seven feet (57') for the proposed post -graduate education
facility to be located at 1 Crandon Boulevard, a non-use variance of the two story of the maximum
allowed building height requirement to permit an overall building height of four story for the
proposed post -graduate education facility to be located at 1 Crandon Boulevard, a non-use vanance
of the zero point five (0 50) maximum allowed floor area ration (FAR) requirement to permit a
maximum far of zero point eight (0 80) for the proposed post -graduate education facility to be
located at 1 Crandon Boulevard
Director Little addressed the Council recommending approval of the request The Mayor opened
the public heanng Charles J Kaleta, Jr , 150 S E 2nd Avenue, Suite 300, Miami, representmg the
applicant, Chris Sager, 335 Harbor Dnve and Mark Fned representing the Ocean Village
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March 11, 1997
Condominium addressed the council The Mayor closed the public hearing
Councilmember Fried made a motion to approve the request The motion was seconded by
Councilmember O'Reilly and approved by a 5-0 roll call vote The vote was as follows
Councilmembers Fried, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting Yes
Councilmember Han abstaining due to conflict of interest
11 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Mayor Festa made a motion to defer the following items to a
continuation meeting on March 18, 1997 Item 11-A-1 Proposed 1997 Goals and Objectives, Item
11-A-2 Goals and Objectives (Vice Mayor Padovan), Item 11-A-3 Request of Town of Surfside,
February 27, 1997 letter, Item 11-A-4 Golf Cart - Crandon Boulevard/Harbor Drive (Mayor Festa),
Item 11-C-1 Village Clerk report on Voter Registration Addresses, under Village Manager Item
11-D-1 Impact Fees, Item 11-D-2 Metro Dade Water Improvement Project, Item 11-D-3 Party in
the Park Councilmember Reed seconded the motion and it was approved by a 6-0 voice vote The
vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor
Festa voting Yes
Mayor Festa made an announcement informing the public that the Village's Annual Town Meeting
will be held next Tuesday March 18, 1997 and 7 00 p m and invited everyone to attend The Mayor
requested staff to advertise the Town Meeting in the Islander News, post ads m supermarkets and
schools and send a flyer out to the residents
Mayor Festa made a report on the Rickenbacker Causeway Proposed Toll Increase and encouraged
the residents to go to the meeting on Thursday at the MAST Academy at 6 30 p m
Haydee Archibald, 881 Ocean Dnve addressed the council on this issue
Mayor Festa made a recommendation to appoint a committee of one councilmember, on the issue
of the Ocean Front Park/Key Biscayne Beach Club, to take the lead on this and come back to council
as to what is feasible, what the Beach Club might be interested m terms of entertaining a joint
venture with the Village and what it will take to convince the Council to do it, the owners of the
property and the public, that is a good thing to do The Mayor recommended to appoint
Councilmember Han to this committee There were no objections to this recommendation
Village Attorney The Attorney gave a bnef report on the Charter Amendments made by the Charter
Revision Commission and suggested that they should be reviewed carefully by Council, as soon as
possible
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March 11 1997
The Attorney suggested that Councilmembers send to his office the proposed Charter Amendments
in order to expedite the process and have these ready for the continuation of this meeting on March
18, 1997
Mayor Festa made a motion to extend the meeting to 11 30 p m Vice Mayor Padovan seconded the
motion and failed by a 3-3 voice vote The vote was as follows Councilmember O'Reilly, Vice
Mayor Padovan and Mayor Festa voting Yes Councilmembers Fried, Han and Reed voting No
Councilmember O'Reilly made a motion to extend the meeting to 11 15 p m The motion was
seconded by Mayor Festa and failed by a 3-3 voice vote The vote was as follows Councilmembers
O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers Fned, Han and Reed
voting No
Mayor Festa made a motion to continue all items deferred at this meeting on March 18, 1997 The
motion was seconded by Councilmember Reed and approved by a 6-0 voice vote The vote was as
follows Councilmembers Fried, Han, O'Reilly, Reed, Vice Mayor Padovan and Mayor Festa voting
Yes
The Mayor announced that if any member of this community wants to be a member of the Safe
Neighborhood Park Bond Program - Citizen Oversight Committee to please get in touch with
Commissioner Morales' office The Manager offered that staff would help type the resume or any
other type of help that they might need
The Attorney addressed the Council regarding the request from the Town of Surfside to intervene
in their lawsuit against the County to show support Mayor Festa suggested that the Attorney look
into this matter and bnng back this item to the Town Meeting of March 18, 1997
Councilmember O'Reilly made a motion to adjourn The motion was seconded by Councilmember
Han and approved by a unanimous voice vote
12 OTHER BUSINESS/GENERAL DISCUSSION
13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council and public
14 ADJOURNMENT The meeting was adjourned at 11 15 p m
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March 11 1997
Respect ully submitted
,1/ ,i,6,ii,
Conchata H Alvarez, Village Clerk
Approved this 1st day of _ April 1997
9
Jolh F Festa
( Mayor
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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