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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, 1 of 10 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 2of10 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 3of10 March 11 1997 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 4of10 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 5of10 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 6of10 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 7of10 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 8of10 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 9of10 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 10 of 10