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HomeMy Public PortalAbout09-23-97 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 23, 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 Martha Broucek, Mortimer Fried, Gregory Han, 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 Gilberto Pastoriza 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES The minutes of the Special Council Meeting of September 11, 1997 (First Budget Hearing) were approved by unanimous consent 4 AGENDA Councilmember Sime requested the addition of a discussion on the upcoming Charrette as Item 9A1, Mayor Festa requested to move Item 9A 1 to item 9A5, the addition of a discussion regarding Fernwood Parking as Item 9A2, a brief report on the Rickenbacker toll issue as Item 9A3, a discussion on the upcoming November Town meeting as item 9A3, a brief report on Virginia Key as item 9A4 5 SPECIAL PRESENTATIONS There were no special presentations 6 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRATION" BY CREATING SECTION 2-71 "FIRE RESCUE TRANSPORT FEE", TO PROVIDE FOR FEE TO BE IMPOSED FOR FIRE RESCUE TRANSPORT SERVICE PROVIDED BY THE VILLAGE OF KEY BISCAYNE FIRE RESCUE DEPARTMENT, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE The Mayor opened the public hearing Conchita Suarez, 201 Crandon Boulevard, addressed the Council The Mayor closed the public hearing 1 of September 23 1997 Mayor Festa made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Fried and approved by a 5-2 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, and Mayor Festa voting Yes Councilmember Broucek and Vice Mayor Padovan voting No 7 RESOLUTIONS There were no resolutions considered by the Council 8 PUBLIC HEARINGS All witness giving testimony in the following zoning heanngs were sworn in by the Clerk Hearing Number 97 -0923 -VC -01 Citibank F S B , 84 Crandon Boulevard, the applicant is requesting pursuant to Section 28-7 of the Village of Key Biscayne Code, an approval of a proposed monument sign read as "CITIBANK, 24 HOUR BANKING" to be placed facing Crandon Boulevard John Little, Director of Building, Planning and Zoning addressed the Council stating his recommendation for approval The Mayor opened the public hearing Michael Ribb from Team Plan, Inc , representing the applicant and Robert Brooks, 95 West McIntyre Street addressed the Council The Mayor closed the public hearing There was extensive discussion from Council on this issue Councilmember Fried made a motion to approve the request The motion was seconded by Councilmember O'Reilly Councilmember Han made an amending motion to approve the request without the logo and logo lettering The motion died for lack of a second Councilmember Fned called the question Mayor Festa seconded the motion and it failed by a 5-2 voice vote (2/3 votes required) The vote was as follows Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers Broucek and Sime voting No The Fned motion was approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Fried, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Han voting No Hearing Number 97 -0923 -VC -02 Island Breakers, A Condominium, Inc , 150 Ocean Lane Drive, the applicant, is requesting pursuant to Section 33-13 of the Metro -Dade County Zoning Code, an approval of an unusual use to install prefabricated equipment shelter and telecommunications antennas on rooftop of the Island Breakers Condominium 2 of September 23 1997 Director Little addressed the Council stating his recommendation for approval The Mayor opened the public hearing Joel K Guftafson, Holland and Knight, One East Boulevard, Fort Lauderdale, attorney representing the applicant, Joseph Ward, Senior RF Engineer, BellSouth Mobility addressed the Council The Mayor closed the public hearing Councilmember O'Reilly made a motion to approve the request The motion was seconded by Councilmember Han and approved by a 7-0 roll call vote The vote was as follows Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Heanng Number 97 -0923 -VC -03 Grand Bay Hotel Partners, Ltd , 415 and 445 Grand Bay Drive, the applicant, is requesting pursuant to Section 33-36 © and (g) of the Metro -Dade County Zoning Code, an approval of the interim use of two modular buildings as an interim modification to the development tract plan approval for a portion of Tract "C" and a portion of Tract "A" of the Grand Bay Resort and Villas during the period of construction for the tennis center and the hotel Director Little addressed the Council stating his recommendation for approval The Mayor opened the public hearing Doug Weiser, 445 Grand Bay Drive, the applicant addressed the Council The Mayor closed the public hearing Councilmember Han made a motion to approve the request The motion was seconded by Councilmember Broucek and approved by a 7-0 roll call vote The vote was as follows Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes 9 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Sime made a motion to have the Village pay for three half page ads in the Islander News advertising the upcoming Charrette Councilmember Fried seconded the motion and it was approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Fried, Han, Sime and Mayor Festa voting Yes Councilmember O'Reilly and Vice Mayor Padovan voting No Mayor Festa discussed the Fernwood Road parking issue Ramon Blanco -Herrera, 310 Fernwood Road addressed the Council on this issue The Village Manager and the Chief of Police were directed to look into this problem and come back with recommendations Mayor Festa gave a brief update on the Rickenbacker toll issue Mayor Festa addressed the Council regarding the November Town Meeting and requested that the Clerk invite Commissioner Jimmy Morales and Mayor Alex Penelas The request was approved by Council consensus 3 of September 23 1997 Mayor Festa gave a brief update on a meeting he attended with City of Miami Mayor Carollo regarding the conceptual idea of a regional recreational facility on Virginia Key By Council consensus Raul Lastra, Village Planner, will form part of the task force that will look into this project together with the City of Miami and Metropolitan Dade County Councilmember Fried addressed the Council regarding the SunTrust Bank reply to the Village request Councilmember Fried made a motion to authorize the Manager to respond to the letter from SunTrust Bank stating, in a non -binding way, that the Village is moving forward in considering their offer and to authorize the Manager to retain Quinlivan as the appraiser for this property The motion was seconded by Councilmember Sime Mayor Festa made an amending motion to break the above motion into two parts The motion was seconded by Vice Mayor Padovan Mayor Festa made an amending motion to have Quinlivan update the appraisal for the SunTrust Property and the front and back parts of the Rebozo Property on McIntyre Street The motion was seconded by Councilmember Sime Mayor Festa withdrew his motion The second part of the Fried motion was approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Fried, Han, Sime and Mayor Festa voting Yes Councilmember O'Reilly and Vice Mayor Padovan voting No The first part of the Fried motion was approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly voting No Mayor Festa made a motion to re -appraise the front and back parts of the Rebozo Property on McIntyre Street by Quinlivan The motion was seconded by Councilmember Han and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly voting No Village Attorney The Attorney did not submit a report Village Clerk The Clerk requested a motion to appoint a voting and alternate voting delegates to the Annual Congress of Cities, Philadelphia, Pennsylvania, December 3-6, 1997 Vice Mayor Padovan made a motion to appoint Councilmember Sime as voting delegate The motion was seconded by Mayor Festa and approved by a 5-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers Fried and Han were out when the vote took place 4 of 5 September 23 1997 The Clerk also reported that the Office of the Mayor issued the following proclamation during the month of September, 1997 Proclamation to The Donut Gallery Village Manager The following information items were submitted to the Council Zoning Heanng Number 0826 -VC -02, 89 Westwood Drive, BellSouth Mobility, Annual status report for the reporting period of September 19, 1996 to September 18, 1997 for the Miami Seaquanum 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 13 ADJOURNMENT The meeting adjourned at 9 00 p m Concta H Alvarez, Village Clerk Approved this 30th day of September ,1997 9fg � { IF A 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 5 of 5