The URL can be used to link to this page

Home My Public Portal About07-23-96 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 23, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the clerk at 7 00 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, and Raymond Sullivan Vice Mayor John Wald and Mayor John Festa were absent Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfman Pursuant to Robert's Rules of Order the clerk opened the floor for nominations for the election of a mayor pro tern Councilman Sime nominated Councilman Sullivan to serve as mayor pro tern The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente O'Reilly, Padovan, Sune, and Sullivan voting Yes 2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Sullivan led the Pledge of Allegiance Mayor Pro Tern Sullivan requested a moment of silence for the victims and families of TWA Flight 800 Councilman Sime recognized County Court Judge Steve Leifman, a candidate for re-election to the circuit court who made bnef comments to the Council and public 3 APPROVAL OF MINUTES Councilman Padovan offered technical corrections to the minutes of the meeting of July 9 1996 The corrected minutes of the regular meeting of July 9, 1996 were adopted by unanimous consent 4 AGENDA Councilman Padovan requested the addition of discussion regarding the Key Biscayne Beautification Foundation's proposed improvements for the Village Green as Item 9-A-4 There were no objections 5 SPECIAL PRESENTATIONS There were no special presentations scheduled 6 ORDINANCES There were no ordinances considered by the Council Page 1 of 6 July 23 1996 7 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING METROPOLITAN DADE COUNTY'S DEPARTMENT OF PUBLIC WORKS TO STUDY SAFETY FEATURES FOR CRANDON BOULEVAR:D/R.ICKENBACKER CAUSEWAY RELATING TO PEDESTRIAN AND BICYCLIST SAFETY, PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE Councilman Padovan made a motion adopting the resolution The motion was seconded by Councilman O'Reilly Resolution 96-23 was adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime and Mayor Pro Tem Sullivan voting Yes 8 BUILDING AND ZONING All witness giving testimony in the following zoning hearings were sworn -in by the clerk Hearing Number 96 -0723 -VC -01 Juan Carlos and Teresita Portuondo, 165 West McIntyre Street, the applicant, requested a non-use variance of fifteen feet (15') side street setback requirement to permit a side street setback of nine feet (9') for a proposed laundry room and a non-use variance of fifteen feet (15') side street setback requirement to permit a side street setback of fourteen point six feet (14 6') for an existing principle residence Building, Zoning and Planning Director John Little stated his recommendations for denial without prejudice for the non-use vanance of fifteen feet side street setback requirement to permit a side street setback of nine feet (9') for a proposed laundry room and approval of the non-use variance of fifteen feet side street setback requirement to permit a side street setback of fourteen point six feet (14 6') for an existing principle residence Luis de la Cruz, 241 Sevilla Avenue Coral Gables, representing the applicant, addressed the Council Teresita Portuondo, 165 West McIntyre Street, the applicant, also addressed the Council Mayor Pro Tern Sullivan opened the public hearing There were no speakers present After bnef discussion Councilman Llorente made a motion approving the application subject to the condition that if improvements are made to the property in excess of twenty-five percent (25%) of the assessed value of house, the structure shall be modified to conform to setback requirements in effect at that time The motion was seconded by Councilman Sime and adopted by a 5 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes Page 2 of 6 July 23 1996 Hearing Number 96 -0723 -VC -03 Biscayne Beach Hotel Associates, 350 Ocean Drive, the applicant, requested approval of an unusual use to permit the applicants to place certain personal communications services (PCS) Wireless telephone and maintenance equipment, including six antennas, on the roof of the building Building, Zoning and Planning Director Little stated his recommendation for approval of the application William Gray, 10173 Southwest 49 Place, Cooper City, representing the applicant, addressed the Council The mayor pro tem opened the public hearing Conchita Suarez, 201 Crandon Boulevard, addressed the Council Councilman Padovan made a motion adopting staffs recommendation The motion was seconded by Councilman O'Reilly and adopted by a 5 - 0 roll call vote The vote was as follows Councilmembers Liorente O'Reilly, Padovan Sime, and Mayor Pro Tem Sullivan voting Yes Hearing Number 96 -0723 -VC -04 Coldwell Banker, 328 Crandon Boulevard, Units 126-127, the applicant, requested extension of the amortization period up to May 1, 1998 for a legal non- conforming sign Councilman O'Reilly excused himself from this hearing due to a conflict of interest Building, Zoning and Planning Director Little requested deferral of this item Councilman Sime made a motion defemng the item indefinitely The motion was seconded by Councilman Padovan and adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Liorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan \ oting Yes Hearing Number 96 -0723 -VC -02 Mostafa and Norah Hassan, 360 Harbor Drive, the applicant, requested a non-use vanance for placement of a proposed boat dock extending eighty-three pomt five feet (83 5') into Biscayne Bay where the maximum permitted distance is fifty-eight point seventy- five feet (58 75') as established by Ordinance 96-2 Building, Zoning and Planning Director Little stated his recommendation for denial of the application Carter McDowell, 701 Bnckell Avenue representing the applicant, addressed the Council Page 3 of 6 July 23 1996 Mayor Pro Tem Sullivan opened the public hearing The following residents addressed the Council James Taintor 355 Harbor Drive, Timothy Stickney, 104 Crandon Boulevard, Martha Broucek, 170 Ocean Lane Drive Haydee Archibald, 881 Ocean Drive and Bonnie Freeman, 490 Bay Lane, and Jean Yailey, 395 Harbor Drive After extensive discussion, Mayor Pro Tem Sullivan made a motion adopting staffs recommendation for denial The motion was seconded by Councilman Padovan and adopted by a 4 - 0 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, and Mayor Pro Tern voting Yes Councilman Sime was absent during the vote 9 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers The Council discussed the compensation package for the acting clerk Mayor Pro Tern Sullivan made a motion establishing the compensation for Acting Village Clerk Yocelyn Galiano at a bi-weekly rate of $1,538 46 The motion was seconded by Councilman Padovan and adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tern Sullivan voting Yes Councilman Padovan made a motion authorizing the payment of the balance of the clerk's bonus, in the amount of $400 00 as appropriated in the 1996 Fiscal Year Budget, to Village Clerk Guido Inguanzo The motion was seconded by Mayor Pro Tern Sullivan and adopted by a 5 - 0 voice vote The N ote was as follows Councilmembers Llorente, O'Reilly Padovan, Sime, and Mayor Pro Tern Sullivan voting Yes Councilman Sime made a motion authorizing the manager to study the possibility of including the cost to connecting residential properties to the sanitary sewer line and the cost of the Miami -Dade Water and Sewer Department connection fee as part of the proposed annual sanitary sewer assessment payment, at a fixed annual rate of 2 56 percent, subject to the project being approved by the affected property owners The motion was seconded by Councilman Llorente and adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tern Sullivan voting Yes Councilman Padovan discussed a proposal from the Key Biscayne Beautification Foundation for improvements to the landscaping at the Village Green Councilman Padovan made a motion approving the foundation's plan as attached to her memorandum of July 19, 1996 The motion was seconded by Councilman Llorente and adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes Village Attorney The attorney requested that the Council schedule an executive session for September 5 1996 6 00 p m , to discuss the county's action regarding the Crandon Park master plan Page 4 of 6 July 23 1996 Village Clerk The clerk did not submit a report Village Manager The manager discussed a report regarding alternate funding sources available to the Village during emergencies or disasters Mayor Pro Tern Sullivan made a motion awarding a bid in an amount of $17,340 00, to Keyl te, Key Biscayne, Florida, the local vendor on the bid list for the completion of electrical work m connection with the installation of an emergency generator for the Emergency Services Complex The motion was seconded by Councilman Sime and adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Pro Tem Sullivan voting Yes The manager submitted the following informational items a letter from the manager, to Richard Vernon, Fernwood Condominium Association, regarding zoning on Fernwood Road, dated June 13, 1996, a letter from Chns Ramos, C RAM Corporation, regarding Building, Zoning and Planning Department, dated June 26, 1996, a letter from Pedro Hernandez, Metro -Dade County Public Works Department, regarding traffic signal at Rickenbacker Causeway and Virginia Key Access Road, dated June 26, 1996 a letter form Chester Colby, Metro -Dade County Transit Agency, regarding bus routes, dated July 1, 1996, a letter from Jorge Rodriguez, Miami -Dade Water and Sewer Department, regarding samples of the Village's water supply, dated July 1, 1996, a letter from Jorge Rodriguez to Village resident Sam Davitian, regarding the Village's water mains, dated July 11, 1996 and a letter from the fire rescue chief, to Councilman Michele Padovan, regarding fire protection engineers dated July 17 1996 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 12 ADJOURNMENT The meeting was adjourned at 9 50 p m Page 5 of 6 July 23 1996 Respectfully suldu d r Guido H Ing ianzo, Jr , 2'MC Village Clerk Approved by the Village Council this lOt day of September, 1996 John F Festa Mayor 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 Page 6 of 6