Loading...
HomeMy Public PortalAbout04-01-97 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 1, 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 10 p m Present were Councilmembers Mortimer Fned, Gregory Han, Christina Reed, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Nina Boniske and Gilberto Pastonza 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES The minutes of the Regular Council meeting of March 11, 1997, the minutes of the Town Meeting of March 18, 1997 and the minutes of the continuation meeting of March 11, 1997 were approved by unanimous consent 4 AGENDA Mayor Festa requested the following changes to the agenda removal of Item 6-A-1 and addition of Discussion regarding the Rickenbacker Toll as Item 9-A-6, the Clerk requested the removal of Item 7-B There were no objections to the agenda changes 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, CREATING ARTICLE III, "UTILITY TAX" OF CHAPTER 25 "TAXATION" OF THE VILLAGE CODE, PROVIDING FOR THE CONTINUED IMPLEMENTATION OF THE UTILITY TAX AUTHORIZED BY SECTION 166 231, ET SEQ , FLORIDA -- STATUTES, TO CONTINUE TO LEVY AND IMPOSE UTILITY TAX UPON THE PURCHASE WITHIN THE VILLAGE OF KEY BISCAYNE OF ELECTRICITY, WATER, METERED GAS, BOTTLED GAS, COAL, FUEL OIL AND TELECOMMUNICATIONS SERVICE, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE 1 of 10 April 1, 1997 The Manager addressed the Council on this Ordinance The Mayor opened the public heanng There were no speakers were present The Mayor closed the public hearing Mayor Festa made a motion to approve the ordinance The motion was seconded by Vice Mayor Padovan and approved by a 7-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, 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, PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 5 02, "INITIATIVE AND REFERENDUM" TO PROVIDE FOR TIME LIMIT FOR EXERCISE OF REFERENDUM POWER, AMENDING SECTION 7 05, "CHARITABLE CONTRIBUTIONS" TO PROVIDE FOR REVISION OF COUNCIL VOTE REQUIREMENT FOR CHARITABLE CONTRIBUTIONS AND TO PROVIDE FOR COUNCIL VOTE REQUIREMENT FOR ISSUANCE OF GRANTS, PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CHARTER, PROVIDING FOR ADOPTION OF ENABLING RESOLUTION, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to approve the ordinance Councilmember Sime seconded the motion Councilmember O'Reilly made a motion to amend Section 5 02 Initiative and referendum (ii) Referendum (A) by substituting the word "twenty (20)" days for the word "thirty (30)" days The motion was seconded by Mayor Festa and it was approved by a 7-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly made a motion to delete sections 2 and 3 The motion was seconded by Councilmember Reed and failed by a 2-5 roll call vote The vote was as follows Councilmembers O'Reilly and Reed voting Yes Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting No Councilmember Han made a motion to approve the ordinance as amended The motion was seconded by Councilmember Sime and approved by a 5-2 roll call vote The vote was as follows Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers O'Reilly and Reed voting No 2of10 April] 1997 7 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING PURSUANT TO FLORIDA STATUTES SECURITY PROCEDURES FOR MUNICIPAL ELECTIONS, PROVIDING FOR TRANSMITTAL, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to approve the resolution Vice Mayor Padovan seconded the motion and it was approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JUNE 10, 1997, BY MAIL BALLOT PROCEDURE, PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL THE CHARTER AMENDMENTS RECOMMENDED BY THE CHARTER REVISION COMMISSION PURSUANT TO FINAL REPORT OF MARCH 7, 1997, PROVIDING FOR REQUISITE BALLOT LANGUAGE, PROVIDING FOR PROCEDURE FOR MAIL BALLOTING, PROVIDING FOR NOTICE, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to approve the resolution The motion was seconded by Vice Mayor Padovan and approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, 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, EXPRESSING CONCERN OF THE VILLAGE COUNCIL OVER PROPOSED BUDGET AND PERSONNEL CUTS AT THE NATIONAL HURRICANE CENTER, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Vice Mayor Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime and Vice Mayor Padovan voting Yes Mayor Festa abstained from voting due to conflict of interest 3 of 10 April 1, 1997 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING VILLAGE PARTICIPATION IN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' WATERFRONTS FLORIDA PROGRAM, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to approve the resolution The motion was seconded by Vice Mayor Padovan and approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes 8 PUBLIC HEARINGS All witness giving testimony in the following zoning hearings were sworn in by the Clerk Hearing Number 97 -0401 -VC -01 Norman C And Maria C Smith, 346 Gulf Road, the applicant, requested a non-use variances of six -foot -high front -zone fence requirement pursuant to Section 30- 60 of the Key Biscayne Code to permit front walls heights between six-pomt-three-eight feet (6 38') and eight -point -three -eight feet (8 38') above the crown of the road and entrance gates' heights between six -point -eight -eight feet (6 88') and ten -point -three -eight feet (10 38') above the crown of the road at 15 -foot setback line between the subject residence and the Gulf Road Director of Building, Zoning and Planning John Little addressed the Council with the recommendation for denial The Mayor opened the public hearing Architect Diego Saez, 3030 S W 28th Street, Coconut Grove, representing the applicant, addressed the Council The Mayor closed the public hearing Councilmember Sime made a motion to support staff's recommendation to deny the request The motion was seconded by Vice Mayor Padovan and approved by a 7-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Hearing Number 97 -0401 -VC -02 Key Biscayne Galena Inc , 328 Crandon Boulevard, the applicant, requested pursuant to Section 28-9 (a) of the Key Biscayne Code, a modification of the Resolution No Z-11-94 of the previously approved Key Biscayne Galena sign criteria to allow two existing wall signs read as "Key Biscayne Galena" with a logo and "Art Gallery Center" to remain in the same locations as previously constructed Director Little addressed the Council with his recommendations of conditional approval of the sign of "Key Biscayne Galena" and denial of the sign of "Art Gallery Center" 4of10 Apri11, 1997 The Mayor opened the public heanng Maria Larrea, representing the owners of the Key Biscayne Galeria and Naidi Commenoz, representing the Commenoz Gallery addressed the Council The Mayor closed the public hearing Councilmember Fried made a motion to approve staff's recommendation with the provision that in the case another tenant wants to use the space on the wall, the "Art Gallery Center" sign shall be eliminated The motion was seconded by Councilmember O'Reilly and approved by a 7-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Hearing Number 97 -0401 -VC -03 Commenoz Gallery, 328 Crandon Boulevard, Unit #218-219, the applicant, requested pursuant to Section 28-9(a) of the Key Biscayne Code, a modification of the Resolution No Z-11-94 of the previously approved Key Biscayne Galeria sign criteria to allow the existing wall sign read as "Commenoz Gallery Fine Arts - Framing" to remain in the same location during the lease period Director Little addressed the Council stating his recommendations of approval with conditions The Mayor opened the public hearing Naidi Commenoz, representing the Commenoz Gallery, addressed the Council The Mayor closed the public hearing Mayor Festa made a motion to defer this hearing to the next Special Council Meeting pending additional information from staff The motion was seconded by Councilmember Sime and approved by a 6-1 roll call vote The vote was as follows Councilmembers Fried, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Han voting No Hearing Number 97 -0401 -VC -04 Sharsan Inc dba Chiefs Seafood Market, 328 Crandon Boulevard, Unit #124, the applicant, requested pursuant to Section 28-11 of the Key Biscayne Code, an extension of amortization period up to May 1, 1998 for the existing nonconforming wall sign named as "Chiefs Seafood Market" Director Little addressed the Council stating his recommendations of approval with conditions The Mayor opened the public hearing Grnny Harmon, representing Chiefs Seafood Market addressed the Council The Mayor closed the public hearing Vice Mayor Padovan made a motion to allow the sign to remain as is Councilmember Reed seconded the motion an t was approved by a 7-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes 5of10 April 1, 1997 Hearing No 97 -0401 -VC -05 J R Oil, Inc , dba Paradise Shell, 70 Crandon Boulevard, the applicant, requested pursuant to Section 28-11 of the Key Biscayne Code, an extension of amortization penod up to May 1, 1998 for the existing monument sign as shown in the application Director Little addressed the Council stating his recommendations The Mayor opened the public hearing Raul Llorente, 345 Cypress Dnve addressed the Council The Mayor closed the public hearing Mayor Festa made a motion to approve the request The motion was seconded by Vice Mayor Padovan and approved by a 7-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Hearing No 97 -0401 -VC -06 Village of Key Biscayne, 600 Crandon Boulevard, the applicant, requested a non-use variance of Section 10-62 of the Key Biscayne Code to permit the proposed men's and women's toilet facilities to be constructed at elevation 6'-6" m s 1 vs the 9'0" m s 1 required for the base flood elevation Director Little addressed the Council with his recommendations The Mayor opened the public hearing Raul Llorente, 345 Cypress Drive, Carol Mullen O'Leary, 444 Fernwood Drive, Spencer O'Connor, 245 Fernwood Road addressed the Council The Mayor closed the public hearing Director Little read the following into the record In connection with the proposed Men and Women's toilet facilities to be located at the South end of the Village Green Park adjacent to the tot lot, staff has reviewed the proposed application, discussed the application with officers from the Federal Emergency Management Agency (FEMA) and found the following pursuant to Sec 10-44 of the Key Biscayne Code 1) The danger that materials may be swept onto other lands is minimal, 2) The danger to life and property due to flooding its minimal, 3) The susceptibility of damage to the facility and its contents are minimal, 4) The facility provides a needed function to the Village Park and the community as a whole, 5) The Village Green Park is functionally dependent on the proposed restrooms, 6) There are non alternative locations for the restrooms, 7) The proposed restrooms are compatible to the use of the property, 8) The use and proposed structures are consistent with the local comprehensive plan, 9) The use of the park is suspended in times of hurricanes and flooding, 10) The structure is designed to be flood - resistant, 11) The cost to the Village for maintain and repair to the facility during and after floods or hurricanes are minimal 6of10 April 1, 1997 Mayor Festa made a motion to approve staffs recommendation The motion was seconded by Vice Mayor Padovan and approved by a 7-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Mayor Festa requested that staff bring back to Council an overview of this area prior to the awarding of the contract to build the bathroom facilities 9 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Festa made a motion to adopt the proposed 1997 Goals and Objectives The motion was seconded by Vice Mayor Padovan Councilmember Sime made a motion to add under Section IV © Playing Fields The motion was seconded by Councilmember Reed and approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Sime made a motion to add under Section VII Completion and Maintenance of Dunes The motion was seconded by Councilmember Reed and approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Vice Mayor Padovan made a motion to add under Section XI Middle School The motion was seconded by Councilmember Han and approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly made a motion to add as Priority #1 a 5% ad valorem tax cut for this year The motion was seconded by Councilmember Reed and failed by a 2-5 voice vote The vote was as follows Councilmembers O'Reilly and Reed voting Yes Councilmembers Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting No Councilmember Han made a motion to modify Section XIV to add a study to complete street lights throughout the Village The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Han made a motion to modify Section XV to say Develop Policies for uses of swale The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes 7of10 April 1 1997 Councilmember Sime made a motion to add under Priority #2 replacing street identification signs with village character signs The motion was seconded by Councilmember Han and approved by a 7-0 voice vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The proposed 1997 Goals and Objectives were approved as amended by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Vice Mayor Padovan requested that each Councilmember adopt 2 or 3 Goals and Objectives and submit them for the next agenda Mayor Festa made a motion to defer Item 9-A-3, Request of Town of Surfside, to the next council meeting The motion was seconded by Councilmember Sune and approved by a 7-0 voice vote The vote was as follows Councilmembers Fned, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Mayor Festa made a recommendation that any Councilmember that would like to work with the Chief of Police and the Manager in reference to allowing golf carts on Crandon Boulevard and work on a proposal for changing the Golf Cart Ordinance and bnng it back to the next Council meeting Mayor Festa reported on the status of the Rickenbacker Causeway Toll issue Councilmembers thanked Mayor Festa for his efforts in trying to solve this issue Penny Grossman, 290 West Mashta addressed the council on this issue Councilmember Fried presented to Council an issue regarding Dade County passing a bond issue in the year 1980 for sanitary sewers for all Dade County By Council consensus the attorney was authonzed to look into the original Dade County bond issue for sanitary sewers to see if it was for unincorporated Dade County or for all of Dade County Village Attorney The Attorney did not submit a report Village Clerk The Clerk reported regarding the issue of voters using office street addresses for their voters registration card These persons have either submitted new correct addresses or they were removed from the voters registration list The addresses that were used were 240 and 260 Crandon Boulevard Village Manager The Manager reported on the Animal Control Service Bids and requested that at the Council meeting of April 8, 1997, the representative of the group of concerned citizens on the raccoon problem be given the opportunity to make a special presentation 8of10 April 1 1997 Craig Mattocks, 177 Ocean Lane Drive addressed the Council on this issue The Manager presented to the Council a request from the Key Biscayne Athletic Club regarding permission to install two temporary baseball diamonds with back stops on the Village Green on a temporary basis Steve Simon, 335 Harbor Lane addressed the Council Councilmember Sime made a motion to approve the request The motion was seconded by Councilmember Fried Councilmember Sime withdrew her motion Councilmember Han made a motion to approve the request for one year with back stops and bases removed on weekends The motion was seconded by Councilmember Sime and failed by a 3-4 roll call vote Councilmembers Sime, Fned and Han voting Yes Councilmembers Reed, O'Reilly, Vice Mayor Padovan and Mayor Festa voting No Director Little gave a brief summary on Impact Fees and requested more time to bring this information together By Council consensus staff was directed to report back to the Council on this issue in 30 days The Attorney addressed the Council on this issue and was directed to pull out the work that has already been done and see if this is worthwhile The Manager gave a report on the Metro Dade Water improvement project The paving of streets will be slightly delayed due to the water pipes The Mayor requested that the Manager have the empty lots and piles of dirt watered to avoid excessive dust There was some discussion of Council on this issue Director Little stated his report on the situation at 460 South Mashta Drive and presented a running diary of the various permits, inspections and meetings that the Building and Zoning Department has had regarding the previously mentioned property The Manager addressed the Council regarding L'Esplannade Shopping Center Director Little addressed the Council stating that this property is not properly maintained Director Little was directed to report to the Council the fines accumulated owed to the Village The Attorney addressed the Council on this issue Director Little reported that work is performed in this building without proper permits Director Little to bring back an ordinance or some way to suspend the license from contractors caught doing work without a permit By Council consensus Director Little was directed to put immediate pressure on this property to get this problem resolved Director Little reported on the status of the compliance of the Sign Ordinance regarding the pole signs and the monument signs The manager submitted the following informational items A report from the Key Biscayne Technology Trust Foundation, dated March 20, 1997, letter to Village Manager from David Mattison, Administrative Officer, Metro -Dade Consumer Services Department regarding application 9of10 April] 1997 for expanded Cable Television License 10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 12 ADJOURNMENT The meeting was adjourned at 10 46 p m Resp lly submitted 1,/aaiv, Conchita H Alvarez, Village Clerk Approved this 29th day of April ,1997 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 10of10