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Home My Public Portal About09-24-96 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 24, 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 mayor at 7 00 p m Present were the following Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Ray Sullivan (arrived at 7 03 p m) and Mayor Festa Vice Mayor John Wald was absent Also present were Acting Village Manager Jack Neustadt, Acting Village Clerk Yocelyn Gahano Gomez and Village Attorney Richard J Weiss 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES By unanimous consent, the minutes of the special meeting of September 5, 1996 and the regular meeting of September 10, 1996 were adopted 4 AGENDA Mayor Festa requested the addition of a report from the Village Clerk Search Committee prior to the special presentation by the Grand Bay Resort and Residences The acting clerk made a correction to agenda item 6-A and stated that the heanng number should read 96 -0924 - VC -01 5 SPECIAL PRESENTATIONS Resident Camille Guething, 260 Seaview Dnve, a member of the Village Clerk Search Committee, made a presentation to the Council regarding the final recommendations for the Village Clerk position from the Village Clerk Search Committee It was the consensus of the Council that the Committee submit the resumes of the five finalists for review Councilman Padovan introduced Bennett H Brummer who is running for the Office of Public Defender who addressed the Council Woody Weiser with the Grand Bay Resort and Residences gave a brief report on the status of the construction project The following residents addressed the Council on the Grand Bay Resort and Residences Mike Kahn, 881 Ocean Lane Drive and Sam Davitian, 720 Myrtlewood Lane 6 BUILDING, ZONING AND PLANNING The following items were discussed All witnesses giving testimony in the zoning hearings were sworn -in by the acting clerk Page 1 of 6 September 24, 1996 Nearing Number 96 -0924 -VC -01. Josephine Rice and Kay Rhew, the applicants for the Harbor Plaza Shopping Center, requested an appeal of administrative decision on the issuance of a permit to Mr Donald Berg allowing the installation of a fence between the his property and the Harbor Drive Shopping Plaza Village Attorney Weiss and Building, Zoning and Planning Director John Little informed the Council on the history of the case Joseplune Rice, 166 Harbor Dnve, addressed the Council Ms Rice submitted a petition in protest of the fence into the record Ms Rice also read a letter from Browning -Ferns Industnes concerning their inability to enter the alley behind the Harbor Plaza Shopping Center and provide solid waste disposal services The letter was submitted and entered into the record Anthony J O'Donnell, Esq , 701 Bnckell Avenue, representing Mr Donald Berg addressed the Council A letter from Anthony J O'Donnell, Esq with the law firm of Baker & McKenzie to John P Little, Jr , Director of Building, Zoning and Planning was entered into the record Donald Berg, 200 Ocean Lane Dnve addressed the Council The following members of the public addressed the Council Gregory Han, 685 Curtiswood Drive, Fred Perkins, 485 W Matheson Drive, Bill Ofgant, 512 Fernwood Road, Martha Broucek, 170 Ocean Lane Dnve, and Mortimer Fned, 291 Harbor Court The mayor closed the public hearing Kay Rhew, 605 Ocean Dnve, representing the applicant, addressed the Council in re-buttle Mr O'Donnell addressed the Council and placed into the record a letter dated August 16, 1996 from Stuart Altman, Esq to Anthony O'Donnell, Jr , representing Mr Berg The mayor closed the public heanng Councilman Padovan made a motion to deny the appeal The motion was seconded by Councilman O'Reilly and passed on a 5 -1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime and Mayor Festa voting Yes Councilman Sullivan voting No Hearing Number 96 -0924 -VC -02 The application submitted by Robert H Matheson, Jr , Anna Matheson, Christine Anderson and Dorothy Cuayo, owners of the property located at One Crandon Boulevard, requested an amendment to the Village's Comprehensive Plan Page 2 of 6 September 24, 1996 The acting clerk read the following ordinance related to the hearing by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE") AMENDING THE COMPREHENSIVE PLAN OF THE VILLAGE BY REVISING THE FUTURE LAND USE ELEMENT TO REVISE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO PUBLIC AND INSTITUTIONAL FOR THAT PORTION OF THE FUTURE LAND USE MAP PERTAINING TO THAT CERTAIN PARCEL OF LAND AT ONE CRANDON BOULEVARD, (THE "PROPERTY") BEING THE NORTHERN MOST PARCEL OF LAND IN THE VILLAGE SITUATED ADJACENT TO AND EAST OF THE EAST RIGHT-OF-WAY LINE OF CRANDON BOULEVARD CONSISTING OF 69 ACRES, PROVIDING FOR AMENDMENT OF CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY CREATING ARTICLE IV "OTHER ZONING DISTRICTS" TO CREATE ZONING DISTRICT CLASSIFICATION FOR PUBLIC AND INSTITUTIONAL USE, PROVIDING PURPOSE OF PUBLIC AND INSTITUTIONAL USE, PROVIDING CRITERIA APPLICABLE TO PUBLIC AND INSTITUTIONAL USE, PROVIDING FOR REZONING AND REDESIGNATION OF THE PROPERTY FROM COUNTY BU -1A ZONING DISTRICT TO VILLAGE PUBLIC AND INSTITUTIONAL ZONING DISTRICT, PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE Village Attorney Weiss and Building, Zoning and Planning Director John Little addressed the Council on the application The mayor opened the public hearing Charles Coleta, Esq 150 Southeast 2 Avenue, and Chris Sager, 335 Harbor Drive, representing the applicants addressed the Council The following people addressed the Council Shirley Brill, 150 Ocean Drive, Mark Fried, Ocean Village Condominium Association, Inc , Chris Moran, 4836 Southwest 74 Court, Martha Broucek, 170 Ocean Lane Dnve, Gregory Han, 685 Curtiswood Dnve, and Louis Alcebo, 425 Grapetree Dnve The mayor closed the public heanng Councilman Llorente made a motion to adopt the ordinance on first reading The motion was seconded by Councilman Padovan and passed by a 5 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime and Mayor Festa voting Yes Councilman Sullivan voting No The second hearing for the ordinance was set for October 22, 1996 Hearing Number 96 -0924 -VC -03. Red Dragon's Sands, Ltd, the applicants, requested a modification to Resolution No Z--02-94 to allow reconstruction of an outdoor bar and food service to be built on the existing foundations at the property located at 301 Ocean Drive Page 3 of 6 September 24, 1996 Building, Zoning and Planning Director John Little gave a brief report on the application to the Council Director Little state the recommendation of for approval of the application subject to specified conditions including the following 1 The hours of operation will be limited to 10 00 p m 2 Amplification or music will not be permitted to be emanated from that location Carter McDowell, 701 Brickell Avenue, representing the applicant addressed the Council The mayor opened the public hearing Conch to Suarez, 201 Crandon Boulevard, addressed the Council The mayor closed the public hearing Councilman Sullivan made a motion to approve the application with the specified conditions The motion was seconded by Councilman Padovan and passed on a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan and Mayor Festa voting Yes Hearing Number 96 -0924 -SA -01 Key Biscayne Galena, Inc , the applicants requested a modification of previously approved Key Biscayne Galena Sign cnteria to allow lettenng style/font of wall signs to be selected by each tenant Councilman O'Reilly precluded himself from the hearing in order to avoid the appearance of a conflict of interest The acting clerk was directed by the Village Attorney to provide the proper documentation for Councilman O'Reilly Building, Zoning and Planning Director John Little addressed the Council on the application The mayor opened the public hearing Louis Alcebo, 425 Grapetree Drive, addressed the Council The mayor closed the public hearing The Village attorney recommended that item #2 from the application be deleted The mayor made a motion adopting the revised application The motion was seconded by Councilman Llorente and passed by a 5 - 0 roll call vote The vote was as follows Councilmembers Llorente, Padovan, Sime, Sullivan and Mayor Festa voting Yes Councilman O'Reilly abstained from the vote 8 RESOLUTIONS There were no resolutions considered by the Council 9 ORDINANCES The acting clerk read the following ordinance by title Page 4 of 6 September 24, 1996 AN ORDINANCE AMENDING CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, REVISING CRITERION AND RESTRICTIONS CONCERNING SIGNS, PROVIDING FOR SEVERABILITY, CODIFICATION AND EFFECTIVE DATE The mayor made a motion to adopt the ordinance on first reading The motion was seconded by Councilman Sullivan Jeff Krell, 575 Sabal Palm Drive, with the Key Biscayne Chamber of Commerce Sign Committee addressed the Council The following people also addressed the Council on the sign ordinance Louis Alcebo, 425 Grapetree, Bill Ofgant, 512 Fernwood Road, and Scott Bass, 201 Galen Drive Mayor Festa made a motion to defer the first reading of the ordinance to the October 15, 1996 meeting The motion was seconded by Councilman Llorente and passed on a 4 - 1 roll call vote The vote was as follows Councilmembers Llorente, Padovan, Sime and Mayor Festa voting Yes Councilman Sullivan voting No Councilman O'Reilly was absent from the vote The acting clerk read the following ordinance by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE ZONING CODE, AMENDING ARTICLE III `SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-61 "ACCESSORY BUILDINGS AND USES" BY CREATING PARAGRAPH H "REAR WATERWAY TRANSITION YARD" TO REGULATE STRUCTURES IN REAR YARD WHICH ABUT BISCAYNE BAY OR OTHER WATERWAYS, AMENDING SECTION 30-63 "DOCKS AND MOORING PILES" BY AMENDING PARAGRAPH B "BISCAYNE BAY AND HURRICANE HARBOUR" TO FURTHER RESTRICT EXTENSION OF DOCKS AND MOORING PILES INTO BISCAYNE BAY AND HURRICANE HARBOUR , PROVIDING FOR SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE Building, Zoning and Planning Director John Little addressed the Council on the ordinance The mayor made a motion to adopt the ordinance The motion was seconded by Councilman Sime and passed by a 5 - 0 roll call vote The vote was as follows Councilmembers Llorente, Padovan, Sune, Sullivan and Mayor Festa voting Yes Councilman O'Reilly was absent from the vote The second hearing was set for October 22, 1996 It was the consensus of the Council that a registered letter to every water front home owner Page 5 of 6 September 24, 1996 9 REPORTS AND RECOMMENDATIONS There were no reports or recommendations considered by Council 10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 11 SCHEDULE OF FUTURE MEETINGS/EVENTS The following schedule of meetings was presented to the Council and public A SPECIAL COUNCIL MEETING (BUDGET HEARING) THURSDAY, SEPTEMBER 26, 1996, 7 00 P M , COUNCIL CHAMBER B REGULAR COUNCIL MEETING TUESDAY, OCTOBER 15, 1996, 7 00 P M , COUNCIL CHAMBER C SPECIAL COUNCIL MEETING TUESDAY, OCTOBER 22, 1996, 7 00 P M , COUNCIL CHAMBER 12 ADJOURNMENT The meeting was adjourned at 10 40 p m Respec • lly submitted Yocely Ga ano Gom Acting Vil age Clerk Approved by the Village Council this 15thday of October ,1996 hn F Festa ayor 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