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HomeMy Public PortalAbout10-21-97 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 21, 1997 COUNCIL CHAMBER 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 Attorneys David Wolpin and Richard Weiss 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES Councilmember Broucek offered technical corrections to the minutes of September 30, 1997 The minutes of the Regular Council Meeting of September 9, 1997 and the amended minutes of the Special Council Meeting (Second Budget Hearing) of September 30 1997 were approved by unanimous consent 5 AGENDA Vice Mayor Padovan requested to move Item 10D5 to be considered after Item 9E, Mayor Festa requested deferral of Items 10A2 and 10A3 to the November 4, 1997 Council Meeting, the Clerk requested deferral of Item 6A There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS There were no special presentations 7 PUBLIC COMMENTS Karen Holmquist, PTA President addressed the Council requesting permission to place a block on West McIntyre from 4 00 to 7 00 p m on October 31, 1997 By Council consensus permission was granted 8 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO 97-2 CONCERNING THE USE OF GOLF CARTS, TO AMEND SECTION 2 "DEFINITIONS" OF ORDINANCE 97-2 BY AMENDING PARAGRAPH (A) "DESIGNATED STREETS" TO DELETE THE EXCEPTION OF HARBOR DRIVE AND CRANDON BOULEVARD FROM THE STREETS DESIGNATED FOR GOLF CART USAGE, AND AMENDING SECTION 4 "PROHIBITED USE" OF ORDINANCE 97-2 BY 1 of October 21 1997 REPEALING PARAGRAPH (E) SO AS TO REMOVE HARBOR DRIVE AND CRANDON BOULEVARD FROM THE AREA OF PROHIBITED USE OF GOLF CARTS, ENABLING GOLF CARTS TO BE UTILIZED UPON HARBOR DRIVE AND CRANDON BOULEVARD UPON THE SAME BASIS AS UTILIZED ON OTHER DESIGNATED STREETS WITHIN THE VILLAGE, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR CONDITION AS TO EFFECTIVENESS OF AMENDMENT CONCERNING CRANDON BOULEVARD Councilmember Fned made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember O'Reilly The Mayor opened the public hearing Jim Taintor, 355 Harbor Drive addressed the Council The Mayor closed the public hearing Chief of Police, Michael Flaherty addressed the Council stating his recommendations The Attorney addressed the Council regarding this Ordinance Councilmember Han made an amending motion to delete the insurance provision from the Ordinance The motion was seconded by Councilmember O'Reilly and failed by a 2-5 roll cal vote The vote was as follows Councilmembers Han and O'Reilly voting Yes Councilmembers Broucek, Fried, Sime, Vice Mayor Padovan and Mayor Festa voting No Vice Mayor Padovan made an amending motion to add the word limits after the word Village in Section 2 Definitions The motion was seconded by Councilmember Broucek Vice Mayor Padovan withdrew her motion Councilmember Sime made an amending motion to exclude Crandon Boulevard, except for crossing, from the Ordinance The motion was seconded by Councilmember Broucek and approved by a 5-2 roll call vote The vote was as follows Councilmembers Broucek, Fried, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers Han and O'Reilly voting No The amended Ordinance was 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 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 CREATING ARTICLE IV "SPECIFIC ZONING DISTRICT REGULATIONS" CONSISTING OF SECTION 30-80 2 of 9 October 21 1997 "WATERFRONT RECREATION AND OPEN SPACE ("WR") ZONING DISTRICT, AUTHORIZING CERTAIN USES AS PERMITTED USE SUBJECT TO SITE PLAN APPROVAL AFTER PUBLIC HEARING, PROVIDING FOR REZONING OF CERTAIN LAND FROM COUNTY ZONING DISTRICTS, BY REZONING PARCEL AT 180 HARBOR DRIVE FROM COUNTY RU -3M ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING A VACANT PARCEL LYING IMMEDIATELY TO THE SOUTHWEST FROM COUNTY RU -1 ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING CERTAIN PARCEL AT 685 OCEAN DRIVE FROM COUNTY RU -4A ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT, PROVIDING FOR REVISION OF ZONING MAP, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE Director of Building, Zoning and Planning, John Little and Raul Lastra, Village Planner addressed the Council regarding this Ordinance The Mayor opened the public hearing Cliff Brody, 180 Harbor Drive, Jim Taintor 355 Harbor Drive, William Cole, 580 Fernwood Road, Wendy Wood, 275 Hampton Lane, Jim Haney, 472 Glenridge Road addressed the Council There was extensive discussion from Council on this issue Director Little was directed to hold a workshop with the Board of Directors of the Beach Club so they can be better informed as to what this ordinance does Vice Mayor Padovan made a motion to defer the first reading of this Ordinance to the meeting of November 4, 1997 at 7 00 p m The motion was seconded by Mayor Festa and approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Fried voting No 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 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, 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 3 of October 21 1997 IN CODE, PROVIDING FOR PENALTY, AND PROVIDING AN EFFECTIVE DATE Director Little and Village Planner Lastra addressed the Council regarding this Ordinance The Attorney also addressed the Council regarding this Ordinance The Mayor opened the public hearing Roberto Cambo, 670 S Mashta Drive, Cristina Echarte Brochin, representing the owner Solo Farms, Inc , 700 S Mashta Drive, Maria Vals, 180 Harbor Drive addressed the Council The Mayor closed the public hearing Councilmember Han made a motion to adopt the ordinance on second reading with the amendments as stated on a memorandum to Village Manager from Village Planner, Raul Lastra, dated October 17, 1997 (attached for the record) The motion was seconded by Councilmember Fried Mayor Festa made an amending motion to make no changes to Section 30-55 Driveway and parking criteria (1) Driveways d Width The motion was seconded by Councilmember O'Reilly and approved by a 5-2 roll call vote The vote was as follows Councilmembers Broucek, Fried, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers Han and Sime voting No Vice Mayor Padovan made a motion to amend Section 30-60 Fences and Walls (a) Generally The "Waterfront Zone" be increased from 25' to 30' The motion was seconded by Councilmember O'Reilly and failed by a 2-5 roll call vote The vote was as follows Councilmember O'Reilly and Vice Mayor Padovan voting Yes Councilmembers Broucek, Fried, Han, Sime and Mayor Festa voting No Mayor Festa made a motion to make no changes to Section 30-60 Fences and Walls Section (b)(1) Front Zone The motion was seconded by Councilmember O'Reilly 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 The Ordinance as amended was adopted 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 Mayor Festa made a motion to reconsider the Ordinance The motion was seconded by Vice Mayor Padovan and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Mayor Festa made a motion that the effective date for the Ordinance shall be retroactive to May 6, 1996 The motion was seconded by Councilmember Fried and approved by a 6-1 roll call vote The 4 of 9 October 21 1997 vote was as follows Councilmembers Broucek, Fried, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly voting No The Clerk read the following ordinance, on second 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 Councilmember Fried made a motion to adopt the ordinance on second reading The motion was seconded by Mayor Festa The Mayor opened the public hearing Cliff Brody, 180 Harbor Drive, Jim Taintor, 355 Harbor Drive addressed the Council The Mayor closed the public hearing By consensus of the Council the Ordinance was deferred until later in the meeting 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to adopt the resolution The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, 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 THE ATTACHED MEDICAL TRANSPORTATION BILLING SERVICES AGREEMENT WITH ADVANCED DATA PROCESSING, INC , PROVIDING FOR AN EFFECTIVE DATE By consensus of the Council the Resolution was deferred until later in the meeting 5 of October 21 1997 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING APPLICATION FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM Mayor Festa made a motion to adopt the resolution The motion was seconded by Councilmember Sime Councilmember O'Reilly made an amending motion to strike the words Ocean Park The motion was seconded by Councilmember Han and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Fned, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The resolution as amended was approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes By consensus of the Council the following Resolution was deferred until later in the meeting A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN ASSIGNMENT OF AGREEMENT WITH BFI CORPORATE CONGLOMERATE, PROVIDING FOR AN EFFECTIVE DATE By consensus of the Council the following Resolution was deferred until later in the meeting A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE LONG RANGE BEACH NOURISHMENT PLAN, VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Festa made a motion to hear at this time the West Mashta Bridge issue The request was approved by a unanimous voice vote The Manager and Village Engineer, Carlos Penin and Osiris Quintana addressed the Council regarding this issue There was extensive discussion from Council on this issue Max Puyanic, 487 S Mashta Drive, Chuck Lipcon, 430 N Mashta Drive, Jim Brewster, 500 N Mashta Drive, Henry Keel, 645 Sunset Circle, J J Donahue, 820 Harbor Drive, Bill McCaughn, 511 S Mashta Drive, Scott Miller, 620 S Mashta Drive addressed the Council 6of9 October 21 1997 Councilmember Fried made a motion to build a bridge for $686,000 (Option B) as presented by Cone Constructors, Inc The motion was seconded by Councilmember Han Councilmember Fried withdrew his motion Councilmember Sime made an amending motion to build the bridge for a total of $801,300 (Option A) maximum The motion was seconded by Councilmember Han Mayor Festa made a motion to extend the meeting to 11 30 p m The motion was seconded by Councilmember Han and failed by a 4-3 voice vote (unanimous vote required) The vote was as follows Councilmembers Broucek, Fried, Han and Mayor Festa voting Yes Councilmembers O'Reilly, Sime and Vice Mayor Padovan voting No Councilmember Sime made a motion to extend the meeting to 11 10 p m The motion was seconded by Councilmember Broucek and it failed by a 5-2 voice vote (unanimous vote required) 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 made an amending motion to eliminate the brick pavers, decorative roadway and minimize the lighting The motion died for lack of a second Vice Mayor Padovan made a motion to allocate the $717,000 that is already set aside in the budget for this project to build the bridge Vice Mayor Padovan withdrew her motion Mayor Festa made a motion to extend the meeting for 10 minutes The motion was seconded by Councilmember Han and failed by a 5-2 voice vote (unanimous vote required) The vote was as follows Councilmembers Broucek, Fried, Han, Sime and Mayor Festa voting Yes Councilmember O'Reilly and Vice Mayor Padovan voting No Councilmember Sime moved to call the question and that motion failed by a 4-3 voice vote (2/3 vote required) The vote was as follows Councilmembers Broucek, Fried, Han and Sime voting Yes Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting No The amended Sime motion to build the bridge for $801,300 00 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 Village Attorney The Attorney did not submit a report Village Clerk The Clerk submitted the following items for information a) Letter to Mayor Festa from Mayor Novack, Town of Surfside regarding the creation of a Military Museum at Richmond Naval Air Station in Dade County, dated September 5, 1997, b) Memorandum to Mayor and 7of9 October 21 1997 Members of the Village Council regarding the Village Clerk's election to Office to the Dade County Municipal Clerks' Association as Secretary, dated October 14, 1997, c) Municipal Clerks Certification Institute, Clearwater, Florida, November 17-21, 1997 Village Manager The following information items were submitted to the Council The monthly departmental reports (September), September 1997 monthly report Key Biscayne Chamber of Commerce, minutes from September 16, 1997 workshop regarding the Long Range Beach Nourishment Plan, letter to Village Manager from Henry Groschel-Becker, Ph D , regarding the Village Beach Resources and Management Task Force, dated September 19, 1997, memorandum to Village Manager from Chief of Fire Rescue regarding a report on vehicle fire on September 12, 1997, dated September 26, 1997, memorandum to Village Manager from Chief of Fire Rescue and Fire Marshal regarding Hi -Rise status update, dated September 29, 1997, memorandum to Village Council from Village Manager regarding the Florida Urban and Community Forestry Awards, 1997 Municipal Program Award recognizing the Village of Key Biscayne, dated September 29, 1997, letter to Mr David R Wind, Executive Vice President, SunTrust Bank, N A from Village Manager regarding the SunTrust property, dated October 2, 1997, letter to Mayor and Members of the Village Council regarding donation to Key Biscayne Technology Trust Foundation from Darlene Mooney, Principal, Key Biscayne Community School, dated October 6, 1997, memorandum to Village Manager from John P Little, Director, Building, Zoning and Planning regarding 460 South Mashta Drive code violations, dated October 6, 1997, memorandum to Village Manager from John C Gilbert, Chief of Fire Rescue regarding Fire and Life Safety programs recognizing the Village of Key Biscayne Fire Rescue Department with a Life Safety Achievement Award for 1996, dated October 7, 1997, letter to Building, Zoning and Planning Director, John P Little from Paul S Tischler regarding Impact Fees, dated October 9, 1997, Florida League of Cities 37th Annual Legislative Conference, November 20-21, 1997, Orlando, Florida, letter to Village Manager from Dick Cromartie, Commander Post 374, American Legion requesting permission to use the Village Green for a Veterans Day Ceremony on November 11, 1997, vacation request from Village Manager, 1997 Employee Training and Development Program participants, dated October 9, 1997, draft Agenda for Heritage Trail Dedication Ceremony 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 12 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 11 25 p m 8 of October 21 1997 Respectfully submitted Conchita H Alvarez, Village Clerk Approved this 4th day of November, 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 9of9 October 17, 1997 MEMORANDUM To C Samuel Kissinger Village Manager From Raul A Lastra Village Planner RE Ordinance Amending Chapter 30 "Zoning" Upon further consideration at the instruction of council I have revised the Ordinance amending Chapter 30 Zoning The changes are as follows • Sec 30 56 Lot Elevation The Waterfront Zone is being increased from 15 to 25 Lot elevation throughout the waterfront zone shall be limited to a maximum height of 6 above the established bulkhead or natural grade • Sec 30-60 Fences and Walls The Waterfront Zone is being increased from 15 to 25 No fence or wall may exceed 4 as measured from the existing bulkhead or natural grade • Sec 30-61 Accessory Buildings and Uses Section (h) has been created which creating a Waterfront view Corridor Not withstanding permitted setbacks listed in section 30 61 (d) Accessory buildings located in the rear yard of waterfront lots must be located so as not to encroach into the Waterfront View Corridor The Waterfront View properties and shall be defined by triangles commencing at each property corner and extending along the rear and side lot lines for distance of 25 feet * if directed by council this department will (until the preparation and adoption of an amendment to sec 30-65 "landscape plans") enforce by policy a limitation of any landscaping or other structure within the corridor to a maximum height of 4