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,
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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