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HomeMy Public PortalAbout01-28-95 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 28, 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 05 p m Present were Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Christina Reed, Betty Sime, Vice Mayor Michele Padovan, and Mayor John Festa Also present were Village Manager 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 Mayor Festa and Councilmember Fned offered technical corrections to the minutes of the Village Council Workshop of January 11, 1997 The corrected minutes of the Village Council Workshop of January 11, 1997, the minutes of the Council Meeting of January 14, 1997, the minutes of the Village Council Workshop of January 21, 1997 were adopted by unanimous consent 4 AGENDA Vice Mayor Padovan requested the withdrawal of Item 9A4 Councilmember Sine requested the deferral of Item 9A1 to the next Council meeting on February 11, 1997 There was no objection to the agenda changes 5 SPECIAL PRESENTATIONS There were no special presentations 6 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER, ADDING POST -GRADUATE PROFESSIONAL EDUCATIONAL FACILITIES AS AN UNUSUAL USE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE 1 of January 28, 1997 Director of Building, Zoning and Planning Little, addressed the council stating that this is the first part of the overall amendment that the Pankey Institute is requesting The next stage would be to change the zoning on the property and also review if there are any variances that would be required as part of this application The attorney addressed the council on this issue The mayor opened and closed the public hearing Councilman O'Reilly made a motion to approve this ordinance on first reading The motion was seconded by Councilman Fned and approved by a 6-0 roll call vote The vote was as follows Councilmembers Fried, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Han was absent from the room at the time the vote was taken The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A PROCEDURE FOR RESOLVING DISPUTES ARISING FROM THE ACTIVITIES ASSOCIATED WITH THE PLANNING, DESIGN, CONSTRUCTION, AND OPERATION OF FACILITIES FINANCED BY THE STATE OF FLORIDA REVOLVING LOAN FUND AUTHORIZED BY SECTION 403 1835, FLORIDA STATUTES, PROVIDING FOR NOTICE OF PROTEST AND DOCUMENTATION, PROVIDING FOR A HEARING, PROVIDING FOR AN APPEAL, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE The manager and attorney addressed the council on this issue The mayor opened the public hearing Sam Davitian, 720 Myrtlewood Lane addressed the council The mayor closed the public hearing Councilman Sime made a motion to approve the ordinance The motion was seconded by Vice Mayor Padovan and approved by a 6-1 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Reed voting No 7 BUILDING, ZONING AND PLANNING All witness giving testimony in the following zoning hearings were sworn in by the clerk Hearing Number 97 -0128 -VC -01 Isabel Obregon Reyes, 480 North Mashta Drive, the applicant requested a non-use variance of fifteen -foot (15') interior side setback requirement to permit an interior side setback of ten feet (10') from the southwest property line for a proposed residence located at 480 North Mashta Drive 2 of 5 January 28, 1997 Director of Building, Zoiung and Planning Little addressed the council on this issue recommending approval The mayor opened the zoning hearing Architect Juan Zubillaga, 245 Woodcrest Road, representing the applicant, addressed the council Eduardo Alfonso, 711 South Mashta Dnve, representing the Mashta Island Homeowners Association, Max Puyanic, representing the Smugglers Cove Design Board also addressed the council The mayor closed the public hearing Councilman Sime made a motion to approve the variance The motion was seconded by Vice Mayor Padovan and approved by a 6-1 roll call vote The vote was as follows Councilmembers Fried, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Han voting No 9 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Summary of proposed 1997 Goals and Objectives was presented to Council and February 18, 1997 was set for a Goals and Objectives Session The following item was submitted for information only a letter from Mr Donald Pybas, Florida Cooperative Extension Service dated January 17, 1997 Village Attorney The attorney did not submit a report Village Clerk The clerk submitted the Certification of the Special Election held January 21, 1997 The clerk also presented to council a letter from Mayor Alex Penelas requesting support for "Love Your Neighbor Week" By council consensus a proclamation will be issued at the February 11th council meeting The council suggested that the Recreation Department to bring back some ideas to accomplish this Village Manager The manager requested to extend a housing allowance of $12,000 per year to the new Chief of Fire Rescue Councilman Fried made a motion to approve the manager's request Vice Mayor Padovan seconded the motion Mayor Festa made an amendment to the motion that the requirement to live on the Key for the Fire Chief be an option and not a requirement for the new Fire Chief The motion was seconded by Councilman O'Reilly and approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes The manager requested authorization to execute an agreement with the Florida League of Cities in reference to Occupational License Insurance Companies Vice Mayor Padovan made a motion to authorize the manager to execute the agreement The motion was seconded by Councilman Fried and approved by a 7-0 voice vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Reed, Sime, Vice Mayor Padovan and Mayor Festa voting Yes 3 of January 28, 1997 The manager requested permission to attend the ICMA Annual Conference, which is a city managers conference, to be held in Vancouver, B C , from September 12 - 17, 1997 and immediately following the conference, requested to take seven vacation days Permission was granted by council consensus The mayor requested to make an amendment to the 1997 Council Meeting Schedule to change the March 25, 1997 zoning meeting to April 1, 1997 There was no objection to the request The manager presented the following information items a letter from Sonny Holtzman and Servando Parapar, Dade County Expressway Authority, dated January 17, 1997, a letter from Lynn Whisenhunt, General Manager, Adelphia Cable, dated January 10, 1997 Mayor Festa made a recommendation to the manager to invite Mr Whisenhunt from Adelphia Cable to our next council meeting to give us an update Michael Kelly, Palmwood Lane addressed the council on the stormwater sewer work on Palmwood Lane 10 OTHER BUSINESS/GENERAL DISCUSSION 11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 13 ADJOURNMENT The meeting was adjourned at 8 30 p m Respp4fully submitted ,44 ,(/ Conchita H Alvarez Village Clerk /a/e4P Approved by the Village Council this 11th day of February, 1997 n F Festa ayor 4 of 5 January 28, 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 5 of 5