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HomeMy Public PortalAbout11-18-97 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 18, 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, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Deputy Village Clerk Vivien Mauri 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 October 28, 1997 and the Minutes of the Regular Council meeting of November 4, 1997 were approved by unanimous consent 4 AGENDA Councilmember Sime requested the addition of a copy of state law 338 155 and amendment section 96-178 done in 1996 which compliments the discussion of Item 11A7, Councilmember Padovan requested to add a Twelve Month Revenue Report as Item 11A8, Mayor Festa requested that Item 10B be moved to the beginning of the Agenda There were no objections to the agenda changes 5 PUBLIC HEARINGS All witness giving testimony in the following zoning hearing were sworn in by the Deputy Clerk Hearing Number 97 -1118 -VC -01 St Christopher's By -The -Sea Episcopal Church, 95 Harbor Drive, the applicant, pursuant to section 33-151 118(a) of the Metro -Dade County Zoning Code requested a non-use vanance of 60 -student -per -acre of the maximum number of students requirement for grades kindergarten (K) through the sixth grade to allow a maximum enrollment of 130 students instead of 105 of the maximum permitted and a non-use variance of outdoor recreation/play area requirement to allow 14,383 square feet for the proposed outdoor play area instead of 45,000 square feet of the minimum required John Little, Director of Building, Zoning and Planning addressed the Council stating his recommendations for approval 1 of November 18 1997 The Mayor opened the public hearing Anne Owens, representing St Christopher's Board of Directors, the applicant, 200 Ocean Lane Drive addressed the Council The Mayor closed the pubhc hearing Vice Mayor Mortimer Fried made a motion to approve the request Councilmember Padovan seconded the motion and it was approved by a 7-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Padovan, Vice Mayor Fried and Mayor Festa voting Yes CONTINUATION OF COUNCIL MEETING OF NOVEMBER 4, 1997 6 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers The Mayor reviewed the proposed 1998 schedule of Council meetings and instructed staff to come back with a similar schedule to the one adopted in 1997 The Mayor recommended to delete the July 14th and 28th dates and insert a meeting date in early July and another one in mid August The Clerk's office is to come back with a revised schedule for approval at the next Council meeting Mayor Festa requested to hear Item 5AI2, the Long Beach Nourishment Plan, at this time There was no objection to the request The Manager was requested to look into the possibility of hiring a lobbyist and to look into the costs and various ways of approaching the lobbyist scenario There was extensive discussion from Council on this issue Councilmember Broucek proposed Sandra Goldstein, if the Council decides to hire a lobbyist At this time, Mayor Festa requested to hear Item 11A7 regarding the privacy toll issue for the Rickenbacker toll Councilmember Sime introduced for information, a copy of state law 338 155 and amendment section 96-178 done in 1996 The Attorney addressed the Council regarding this issue There was extensive discussion from Council on this issue Servando Parapar, 240 Cypress Drive, Expressway Authority, addressed the Council Mayor Festa asked Mr Parapar to find any available information from the State to the County that would enable to understand and interpret the intent of the law The Mayor indicated that the County will write a legal opinion on the privacy matter 2 of 9 November 18 1997 Councilmember Broucek requested to hear Item 5A3 at this time Councilmember Broucek explained her concerns about the speeding problem and the possibility of implementing speed bumps in some of our streets The speeding on Glenridge Road is symptomatic of the overall speeding problem around the Village The Mayor instructed the Manager to come back with the County's opinion regarding the possibility of dropping the speed limit to 25 mph and posting a single speed sign at the entrance of the Village The Manager informed the Council that the Village is out for bids on traffic calming devices for Harbor Drive circles and the bus turnarounds Councilmember Sime requested that the motion to award the contract for landscaping the traffic circles, from the November 4, 1997 Council Meeting, be reconsidered due to the fact that she was absent The Attorney addressed the Council regarding this issue stating that in order to reconsider a motion someone from the other side of the table (public) would have to bring it up Mayor Festa indicated that in his discussion of Village Council rules and procedures he would allow for a Councilmember to bring back a motion, if not present The Mayor indicated that the West Mashta Circle Landscape will be re -considered in the future At this time the Mayor requested to hear Items 5A4, 5A6, 5A7 and 11A4 The Mayor indicated that all these Items tie in for discussion regarding organizations, events, etc There was no objection from Council to this request There was extensive discussion from Council regarding these topics Councilmember Padovan made a motion to transfer $30,000 from the existing $50,000 in the Community Grants line item from the 1998 budget These funds are to be allocated to a new line item, Special Programs, in the Recreation Department with the approval of Council Mayor Festa seconded the motion and asked the Attorney regarding the legalities if Council is allowed to transfer the money The Attorney indicated that transferring from one department's account to another department's account by the way of a motion is not allowed The Attorney further stated that a particular request to transfer money from one account to the other, should be more specific, that is, the intent and ways in which the monies would be spent and in should be in the form of an ordinance There was extensive discussion from Council regarding this issue The Mayor opened the public hearing Haydee Archibald, 881 Ocean Drive, Chilton Harper representing the Rotary Club, Bob Brookes, 95 West McIntyre, Scott Bass, 201 Galen Drive addressed the Council The Mayor closed the public hearing 3 of November 18 1997 The Mayor suggested that Councilmember Padovan speak to the Attorney regarding the appropriate way to bring to Council any type of ordinance regarding the moving of money within the budget Any Councilmember can make the request and bring this issue at a future meeting Mayor Festa requested to hear Item 10A at this time There was no objection to the request 7 PUBLIC HEARING All witness giving testimony in the following zoning hearing were sworn in by the Deputy Clerk Hearing Number 97 -1028 -VC -01 North King, Inc , 24 Crandon Boulevard, the applicant, is requesting pursuant to Section 28-7 of the Village of Key Biscayne Code an approval of a non-use vanance for the existing signs, "STEPHANO'S" and "LIQUOR", to remain mounted on the mansard roof instead of being mounted on a wall surface, an approval of a non-use variance for the continued use of the existing signs, "STEPHANO'S" and "LIQUOR" to remain forward lighting as constructed instead of the required reverse lighting, an approval of a non-use variance for the proposed awning sign to have two (2) lettering lines instead of the required one (1) lettenng line, an approval of multi - tenant center graphics cntena for wall signs, and an approval of a proposed monument sign read as "RESTAURANT BAR, NIGHT CLUB, LIQUOR DELI" to be placed near the entrance facing Crandon Boulevard Director Little addressed the Council stating his recommendations for approval The Mayor opened the public hearing Paul Auchter, attorney with Allen & Gallego, representing the owners of the above mentioned property addressed the Council The Mayor closed the public hearing Vice Mayor Fried made a motion to approve the request The motion was seconded by Councilmember O'Reilly and approved by a 7-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Padovan, Vice Mayor Fried and Mayor Festa voting Yes The Mayor addressed the Council regarding a resolution supporting the city of Port Richey's request for support of an amendment to article VIII, section 2(a) and (c) of the Florida Constitution Councilmember Padovan 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 Councilmember Broucek, Fried, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes The Manager addressed the Council regarding this resolution Village Attorney The Village Attorney did not submit a report 4 of 9 November 18 1997 Village Clerk The Deputy Clerk informed the Council that the Council meetings broadcast schedule is Thursdays and Fridays after a meeting at 10 00 a m and 7 00 p m It was the consensus of Council to retain this schedule The Mayor recommended that special meetings scheduled out of the regular schedule should be broadcasted preferably in the evening time The Mayor informed the public that those wishing to have a copy of the meeting could request it, for a nominal fee, from the Clerk's office The Manager announced that new audio equipment had been ordered and the microphones had been checked in order to provide better sound The Mayor invited the public to call if problems persist so that they can be brought to the attention of staff The Clerk submitted the following items for information memorandum from the Clerk to the Mayor and Councilmembers regarding a request for vacation The vacation time was approved by unanimous consent of the Council Village Manager The Manager requested deferral of the Post Office report update There was no objection to the request The Manager gave an update on the status of the line of sight compliance survey indicating that they had accomplished almost a 100% compliance from all listed, showing an excellent progress At this time, Councilmember Padovan requested to discuss Item 11A3 Councilmember Padovan requested approval to send a letter, signed by the Mayor, thanking property owners for complying with the line of sight requirement There were no objections to the request The Manager discussed the right of way/swale violation survey The Mayor suggested that a follow up should be done with a list of violations that have been found persistently violating the swale area, so that a code or landscaping criteria could be developed The Mayor instructed staff, with the consensus of Council, to come back with what other communities adopt as regulations and a classification of obstructive things that could be allowed in the swale area 8 SPECIAL PRESENTATIONS There were no special presentations Mayor Festa requested to hear Item 7A3 at this time There was no objection to the request 9 ORDINANCES The Deputy 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 CREATING ARTICLE IV "SPECIFIC ZONING DISTRICT REGULATIONS" CONSISTING OF SECTION 30-80 "WATERFRONT RECREATION AND OPEN SPACE ("WR") ZONING DISTRICT, AUTHORIZING CERTAIN USES AS PERMITTED USE SUBJECT TO SITE PLAN 5 of 9 November 18 1997 APPROVAL AFTER PUBLIC HEARING, PROVIDING FOR REZONING OF CERTAIN LAND FROM COUNTY ZONING DISTRICT, 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 AN EFFECTIVE DATE The Attorney addressed the Council regarding a letter from Greenberg and Traurig in reference to the proposed ordinance Councilmember Padovan offered a technical correction regarding the letter discussed The letter from Greenberg and Traurig (copy attached to the minutes for the record) indicates the wrong address for the Beach Club The Beach Club address written on the letter is 180 Harbor Drive (this address belongs to the Yacht Club), the correct address is 685 Ocean Drive The Mayor opened the public hearing William Cole, 580 Fernwood Road, addressed the Council as the President of the Beach Club The Mayor closed the public hearing Mayor Festa made a motion to adopt the ordinance The motion was seconded by Councilmember Fried and adopted by a 7-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Padovan, Vice Mayor Fried and Mayor Festa voting Yes The Deputy Clerk read the following ordinance, on second 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 FROM THE STREETS DESIGNATED FOR GOLF CART USAGE, AND AMENDING SECTION 4 "PROHIBITED USE" OF ORDINANCE 97-2 BY REVISING PARAGRAPH (E) SO AS TO REMOVE HARBOR DRIVE FROM THE AREA OF PROHIBITED USE OF GOLF CARTS AND TO ENABLE LIMITED USE OF GOLF CARTS UPON CRANDON BOULEVARD, ENABLING GOLF CARTS TO BE UTILIZED UPON HARBOR DRIVE 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 The Mayor opened the public hearing James Taintor, 355 Harbor Drive, addressed the Council The Mayor closed the public hearing 6of9 November 18 1997 There was extensive discussion from Council regarding the proposed ordinance Councilmember Fned made a motion to adopt the ordinance The motion was seconded by Mayor Festa and adopted by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan voting No The Deputy 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 The Mayor opened the public hearing James Taintor, 355 Harbor Drive addressed the Council The Mayor closed the public hearing There was extensive discussion from Council and Village attorney regarding the proposed ordinance Vice Mayor Fried made a motion to adopt the ordinance The motion was seconded by Councilmember O'Reilly and failed by a 3-4 roll call vote The vote was as follows Councilmembers O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes Councilmembers Broucek, Han, Padovan and Sime voting No Village Manager The Manager informed the Council of two resignations in the Finance Department, one of the part time assistant and the other of the Finance Director The issue before the Council is to approve the creation of a new full time position, the administrative assistant to the Finance Director The newly created full time position recommends for the transfer of Carolyn Greaves from the Police Department with a new salary step plan The Finance Director's position will be advertised There was extensive discussion from Council regarding this issue Councilmember Padovan made a motion to adopt the salary step plan and to create the new position The motion was seconded by Vice Mayor Fried and approved by a 5-2 roll call vote The vote was as follows Councilmember Broucek, O'Reilly, Padovan, Sime, and Vice Mayor Fried voting Yes Councilmember Han and Mayor Festa voting No The Manager explained that the 1997 Sanitary Sewer Construction Program included in the agenda was placed in anticipation to the Sanitary Sewer Hearing held on Monday, November 17, 1997 The Manager further indicated that he had the opportunity to speak to the State Representatives and that they were very pleased with the hearing The Mayor asked the Manager to come back at the next 7of9 November 18 1997 Council meeting, on December 9, 1997, with an estimate on how much it will cost to proceed with plans and specifications, recommendations on how to pay for it and updates from the Department of Health The Mayor suggested that a schedule for the referendum be placed in the next agenda The Manager indicated that the Village's next major decision is to authorize the engineer contractor to proceed with the final plans and specifications before or after a referendum Councilmember Han asked consensus from Council to look into the current code requirements for septic tanks form the health department and to give voters a clear message There was extensive discussion from Council regarding this issue The Mayor instructed staff to provide West Mashta and Fernwood residents with whatever legal information there is available, if they decide to proceed on their own, by the next Council meeting At this time the Manager asked Council to consider the following resolution regarding a sewer agreement for the Village Green 8 RESOLUTIONS The deputy clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A SEWER AGREEMENT FOR VILLAGE GREEN PARK ID#14883 WITH MIAMI-DADE WATER AND SEWER DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE Councilmember O'Reilly made a motion to approve the resolution The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes There was extensive discussion from Council on this issue The Manager presented to the Council the 1997-1998 Community Assistance Grant Program Chilton Harper, Rotary Club, Art Festival Chairperson addressed the Council, Bob Brooks, 95 West McIntyre Street addressed the Council There was extensive discussion from Council regarding this issue The Village Attorney requested from Council to bring back the appropnate way in which the Village should proceed, so it is not in the form of a grant or a charitable contribution It was the consensus of Council to take up this item at the next Council meeting of December the 9th, 1997 8 of 9 November 18 1997 At this time, the Manager presented to Council a proposal from St Agnes Church requesting permission to place a Nativity Scene on the Village Green Councilmember Padovan made a motion to approve the request The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote The vote was as follows The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The following items were submitted to the Council the October 1997 Key Biscayne Chamber of Commerce monthly report, letter to Village Manager from Alex Cordo, 230 Cranwood Drive, regarding flooding problem dated October 28, 1997, letter to James D Leone, Jr , Chief, Highway Division from Chief Flaherty regarding a request for new signs, dated November 4, 1997, minutes from the Board of Trustees Police Officers and Firefighters Retirement Plan Mayor Festa requested that items not heard at this meeting to be placed at the next Council agenda of December 9, 1997 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 14 ADJOURNMENT The meeting adjourned at 10 45 p m Respectfully submitted Vivien Maurz,Deputy Village Clerk Approved this 27th day of January , 1998 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 9 of 9