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HomeMy Public PortalAbout08-26-97 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 26, 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 Fried (arrived at 7 05 p m ), Gregory Han (arrived at 7 05 p m ), 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 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 July 1, 1997 and the minutes of the Special Council Meeting of July 11, 1997, were approved by unanimous consent 4 AGENDA The following changes were made to the agenda Vice Mayor Padovan requested that Item 9A2 be heard together with Item 6A1 since they are related and also requested the addition of a brief discussion on political signs as Item 9A8, the Manager requested to delete Item 9D8 under his report, the Mayor requested that Item 9D2 be heard after the Attorney's report There were no objections to the agenda changes 5 SPECIAL PRESENTATIONS The Mayor and Members of the Village Council presented Resolution 97-32 to the Honorable Manty Sabates Morse, District Six, Dade County School Board School Board Member Mrs Morse addressed the Council thanking them for this distinction Sandra Goldstein, Village Resource Volunteer made a presentation on the proposed Long Range Beach Nourishment Plan prepared by Coastal Systems International, Inc Ms Goldstein was requested to present additional information at the next Council meeting 6 ORDINANCES 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 VILLAGE CODE, BY AMENDING ARTICLE III "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-53 1 "SCHEDULE OF DEVELOPMENT CRITERIA, BUILDING PLACEMENT, SETBACKS, 1 of 10 August 26 1997 PERMITTED ENCROACHMENTS, DENSITY, HEIGHT, MINIMUM LOT SIZE, ETC " SECTION 30-54 "ROOFTOP AND ROOF OVERHANGS," SECTION 30-55 "DRIVEWAY AND PARKING CRITERIA," SECTION 30-56 "LOT ELEVATION," SECTION 30-60 "FENCES AND WALLS," SECTION 30-61 "ACCESSORY BUILDINGS AND USES," SECTION 30-63 "DOCKS AND MOORING PILES", PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR PENALTY, AND PROVIDING AN EFFECTIVE DATE Village Planner Raul Lastra addressed the Council giving an overview of the ordinance John P Little, Director of Building, Zoning and Planning also addressed the Council on this issue The Mayor opened the public hearing Roberto Cambo, 670 S Mashta Drive, Heidi Archibald, 881 Ocean Drive addressed the Council The Mayor closed the public hearing Councilmember Fried made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember O'Reilly Vice Mayor Padovan made an amending motion to change Sec 30-60 to say within 50 feet from any waterway Councilmember Han seconded the motion Village Planner Lastra and Director Little addressed the Council on this issue Vice Mayor Padovan withdrew her motion The ordinance was adopted on first reading 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, ASSESSING AND IMPOSING A 85 PERCENT (85%) EXCISE TAX IN INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE, PROVING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE The Manager and Attorney Steve Sipen addressed the Council regarding this ordinance 2of10 August 26 1997 The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Councilmember Han made a motion to adopt the ordinance on first reading 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, ASSESSING AND IMPOSING A 185 PERCENT (1 85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON PROPERTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE, PROVIDING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Councilmember Han made a motion to adopt the ordinance on first reading 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, ADOPTING THE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing 3of10 August 26 1997 Councilmember Han made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember O'Reilly 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 second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 9, 1997, TO FILL THE UNEXPIRED TERM OF VILLAGE COUNCILMEMBER CREATED BY THE RESIGNATION OF COUNCILMEMBER CHRISTINA DEARING REED, IN ACCORDANCE WITH VILLAGE CHARTER SECTION 2 05(c)(u), PROVIDING FOR CONDUCT OF ELECTION, ESTABLISHING QUALIFYING PERIOD TO FILE FOR COUNCIL VACANCY, PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing Heidi Archibald, 881 Ocean Drive addressed the Council The Mayor closed the public hearing Councilmember Fried made a motion to adopt the ordinance on second reading 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 second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VILLAGE OF KEY BISCAYNE COMPREHENSIVE MASTER PLAN, AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL FOR SEVERAL PARCELS OF REAL PROPERTY LOCATED ON FERNWOOD ROAD, PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing Gordon Reed, 738 Fernwood Road, Guy Smith, 701 Fernwood Road addressed the Council The Mayor closed the public hearing Councilmember Fried made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Han 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 7 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, 4 of 10 August 26 1997 SUPPORTING DADE COUNTY PUBLIC SCHOOLS AND CALLING UPON THE STATE OF FLORIDA LEGISLATURE TO HOLD A SPECIAL SESSION IN THE FALL OF 1997 TO DEVELOP AND PROVIDE THE APPROPRIATE FUNDING AND LEVELS OF FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS IN THE STATE Vice Mayor Padovan made a motion to approve the resolution The motion was seconded by Councilmember Sime and 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 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN INSURANCE AGREEMENT WITH THE FLORIDA LEAGUE OF CITIES RISK MANAGEMENT SERVICES FOR WORKERS COMPENSATION, AUTO AND GENERAL LIABILITY COVERAGES, PROVIDING FOR AN EFFECTIVE DATE Councilmember Han made a motion to approve the resolution 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, 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, COMMENDING THE VILLAGE OF KEY BISCAYNE BUSINESSES THAT HAVE COMPLIED WITH THE SIGN ORDINANCE Councilmember Sime requested deferral of this resolution to the next Council meeting There were no objections to the request The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED THIRD AMENDMENT TO LEASE AGREEMENT, ON BEHALF OF THE VILLAGE, WITH SUNTRUST BANK, MIAMI, N A , FLORIDA, FOR INCLUSION OF ADDITIONAL LEASED PREMISES AT 85 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE 5of10 August 26 1997 Councilmember O'Reilly made a motion to approve the resolution The motion was seconded by Councilmember Han The Manager addressed the Council on this resolution Councilmember Han made an amending motion to change the amount for the rent to $1,200 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, Sime, 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 Fried, Han, O'Reilly, 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 -0826 -VC -01 Elsy Correra, 585 Glenndge Road, the applicant requested a non- use variance of seven -and -a -half -foot (7 5') intenor side setback requirement pursuant to Section 33- 53 1 of the Key Biscayne Code to allow six-foot (6') interior side setback from the southerly property line to the existing one-story single family residence John Little, Director of Building, Zoning and Planning addressed the Council with staff's recommendations of conditional approval The Attorney briefly addressed the Council on this issue The Mayor opened the public hearing Angie Christie, 585 Glenndge Road, Elsy Correra, the applicant addressed the Council The Mayor closed the public hearing Councilmember Han made a motion to approve the variance according to staff's recommendation with the condition that the definition of driveway be defined as meaning the entire driveway The motion was seconded by Councilmember O'Reilly Mayor Festa made an amending motion to either delete Section 3, concrete slab and indicate that the slab needs to be cut or a barrier erected to prevent water from flowing over Councilmember O'Reilly seconded the motion and it was 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 Councilmember Sime made an amending motion to delete the driveway compliance The motion was seconded by Vice Mayor Padovan and approved by a 5-1 roll call vote The vote was as follows Councilmembers Fried, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting 6of10 August 26 1997 Yes Councilmember Han voting No The variance as amended was 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 Hearing Number 97 -0826 -VC -02 BellSouth Mobile Systems Group, 89 Westwood Drive, the applicant requested a) Pursuant to Section 33-13 of the Metro -Dade County Zoning Code, the approval of an unusual use of an unmanned new telecommunications tower facility to be located at the subject property, b) Pursuant to Section 33-62 of the Metro -Dade County Zoning Code, a non- use variance of structure height requirement to allow the top of the proposed unmanned telecommunication tower facility to be higher above its foundation than ninety -percent (90%) of the horizontal distance from its base to the nearest point on adjacent property under another ownership, which will exceed the maximum -allowed height by approximate ten point four feet (10 4') The Attorney addressed the Council stating that the firm has represented BellSouth for 15 years and would refrain from making any advise John Little, Director of Building, Zoning and Planning addressed the Council with staff's recommendations for denial without prejudice of requests #1 and #2 The Mayor opened the public heanng Joel K Gustafson, Holland & Knight, One East Boulevard, Ft Lauderdale, attorney for the applicant, Joseph Ward, Senior RF Engineer, BellSouth Mobility and Karen Regetta, Product Manager, BellSouth Mobility addressed the Council The Mayor closed the public hearing There was extensive discussion from Council on this issue At this point the attorney for the applicant, Joel K Gustafson, requested deferral of this hearing to the next zoning meeting on September 23, 1997 Councilmember Han made a motion to grant the deferral The motion was seconded by Councilmember O'Reilly and approved by 6-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Heanng Number 97 -0826 -VC -03 Commodore Club West, East and South, 155/177 /199 Ocean Lane Dnve, requested pursuant to Section 33-50 of the Dade County Code, an approval of a non-use variance of seventy -five-foot (75') front setback requirement for accessory buildings to allow twenty -foot (20') front setback from a proposed addition of the existing guard house to the front property line of the subject property John Little, Director of Building, Zoning and Planning addressed the Council with staff's recommendation of approval 7of10 August 26 1997 The Mayor opened the public hearing Dr Robert Maggs, President of the Commodore Club West Condominium Association, Martha Broucek, 170 Ocean Lane Drive, President of the Ocean Lane Plaza Condominium, addressed the Council The Mayor closed the public hearing Councilmember Fried made a motion to approve the variance The motion was seconded by Councilmember O'Reilly and approved by a 5-1 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Sime voting No Hearing Number 97 -0826 -VC -04 Eckerd Drug Company, 328 Crandon Boulevard, Unit #117, requested pursuant to Section 28-7 of the Key Biscayne Code, an approval of a proposed monument sign read as "ECKERD" to be placed near the entrance facing Crandon Boulevard John Little, Director of Building, Zoning and Planning addressed the Council with staff's recommendation of approval The Mayor opened the public hearing Jane Numala, Manager of Eckerd Drugstore, Ed Meyer, 100 Sunrise Drive, Robert Solano, Neon Sign Service addressed the Council The Mayor closed the public hearing Councilmember O'Reilly made a motion to approve the variance The motion was seconded by Councilmember Fried Councilmember Han made an amending motion to have a plain rectangular sign, with a solid blue background with white letters, externally or internally illuminated and eliminating the logo 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 The request as amended was 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 9 REPORTS AND RECOMMENDATIONS Village Manager At this point the Manager addressed the Council and presented a synopsis of the Sanitary Sewer System Village Engineer, Carlos Penin, addressed the Council regarding the Sanitary Sewer System report Heidi Archibald, 881 Ocean Dnve, Ward Draff, 275 W Mashta, Carol Mullen O'Leary, 444 Fernwood Road, Annie Becker 290 W Mashta Drive addressed the Council 8of10 August 26 1997 The Village Engineer was directed to get the director or a state representative from HRS to be present at the public hearing Village Clerk The Clerk submitted the following information items to the Council a) Candidates qualifying for Special Election to be held on September 9, 1997, b) New face for the Village on the web, c) On behalf of the Mayor and the Members of the Village Council, the Office of the Village Clerk sent a sympathy note to Mayor Mishcon, City of North Miami Beach, d) Thank you letter sent to Mayor Festa from William R Myers, Chairman & CEO, Barnett Bank, N A , dated June 26, 1997, e) letter to Mayor Festa from Mayor Paul D Novack, Town of Surfside regarding the jurisdiction over traffic control on local roads, dated July 1, 1997, f) Letter to Mayor Festa from Bob Graham, U S Senator, regarding high noise levels from aircraft flying over Key Biscayne, dated July 3, 1997, g) Letter to Village Clerk from Carolyn Blum, Regional Administrator, U S Department of Transportation, Federal Aviation Administration, regarding high noise levels from aircraft flying over Key Biscayne, dated July 9, 1997, h) Letter from Mayor Eileen Ferdinand and City Manager, Vincent Lupo, City of Port Richey regarding the Special Act Legislation effecting all cities, dated July 10, 1997, i) Letter to Mayor Festa from David Villano regarding Soccer Tournament on the Village Green held July 12-13, 1997, dated July 21, 1997, j) Letter to Vice Mayor Padovan from Kathleen A McGinty, Chair, Executive Office of the President, Council on Environmental Quality regarding the administration's budget agreement and the land and water conservation fund, dated July 21, 1997 Village Manager The following information items were submitted to the Council a) The monthly departmental reports (June and July), Floodplain management plan, first quarter report, dated July 21, 1997, June and July 1997 monthly reports, Key Biscayne Chamber of Commerce, 1997 ICMA Annual Conference/Vacation, September 12-27, 1997 Mayor Festa made a request to continue this meeting on Thursday, August 28, 1997 at 7 00 p m There were no objections to this request Mayor Festa made a motion to extend the meeting until 11 10 p m Councilmember O'Reilly 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 Councilmember Sime excused herself at 11 00 p m 10 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 11 ADJOURNMENT The meeting adjourned at 11 13 p m 9of10 August 26 1997 Respectfully submitted Conchita H Alvarez, Village Clerk Approved this 9th day of September ,1997 IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 10 of 10