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Home My Public Portal About02-28-95 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 28, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meetmg was called to order by Mayor Festa at 7 00 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan (arrived at 7 05 p m ), John Waid (arrived at 7 05 p m ), Vice Mayor Betty Sime (amved at 7 10 p m ), and Mayor John Festa Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Steve Helfman 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge 3 APPROVAL OF MINUTES Councilman O'Reilly requested that the minutes of the special meeting of February 9, 1995, be reviewed for accuracy Mayor Festa made a motion approving the minutes of the workshop meeting of January 24, 1995, the minutes of the special meeting of February 9, 1995, and the minutes of the regular meetmg of February 13, 1995 The motion was seconded by Councilman O'Reilly and adopted by a 4 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, and Mayor Festa votmg Yes 4 AGENDA The manager requested that Item 9-D-2, an item relating to the elimination of Federal financial participation for beach renourishment, be withdrawn The attorney requested deferral of Zoning Hearing Number 94 -0927 -VC -01 (Item 8-A-3) Mayor Festa made a motion deferring the hearing to the meeting of April 25, 1995 The motion was seconded by Councilman O'Reilly and adopted by a unanunous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa votmg Yes Councilman Llorente requested the addition of an update regarding his discussions with the Matheson fanuly concerning Calusa Park (Item 9-A-2) Page 1 of 6 February 28, 1995 Mayor Festa made a motion approvmg the agenda changes The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wand, Vice Mayor Sime, and Mayor Festa voting Yes 5 SPECIAL PRESENTATION There were no presentations 6 ORDINANCES There were no ordinances considered by the Council 7 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING AS SECURITY FOR THE VILLAGE'S STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES A COVENANT TO BUDGET AND APPROPRIATE FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES, AND PROVIDING FOR AN EFFECTIVE DATE After extensive discussion, Vice Mayor Sime made a motion adopting the resolution The motion was seconded by Councilman O'Reilly Resolution 95-4 was adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilmembers Llorente and Wald voted No 8 BUILDING, ZONING AND PLANNING All witnesses giving testimony m the zoning hearings were sworn m by the clerk Hearing Number 95 -0228 -VC -01 Kenneth and Barbara Savage, the applicants, 640 Ridgewood Road, requested a non-use vanance of fifteen feet (15') rear setback requirement to permit a rear setback of six feet and ten mches (6' 10") for a proposed one story addition with non -enclosed covered space to an existing resident Building, Zoning and Planning Director John Little stated his recommendation for approval subject to the following conditions existing open porch shall not be enclosed m the future, if additions or alterations exceed 50% of the total building cost, the proposed addition/porch shall be made to comply with setback requirements, and that plans be submitted and comply with the South Flonda Building Code Mr Savage spoke m support of his application Page 2 of 6 February 28, 1995 Mayor Festa opened the public hearing The following residents addressed the Council Enrique Alonso, 641 Hampton Lane, Cynthia Candad, 240 Galen Drive, and Henny Becker, 290 West Mashta Drive Councilman Sullivan made a motion adopting staffs recommendation and requiring the installation of landscaping, to be approved by the director, by March 15, 1995 The motion was seconded by Councilman O'Reilly Councilman Llorente offered an amendment requiring that the landscaping be along the entire width of the back -yard The motion was seconded by Vice Mayor Sune and adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, and Vice Mayor Sime voting Yes Councilmembers Sullivan, Waid and Mayor Festa voted No After extensive discussion, the amended Sullivan motion was adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Vice Mayor Sane voting Yes Councilman Waid and Mayor Festa voted No Hearing Number 95 -0228 -VC -02 Harbor Shopping Center, the applicant, 55-99 Harbor Drive, requested a non-use vanance to allow existing signs to remain m place and to approve similar signage for any future business tenant leasing space Director Little stated the following recommendations approval with conditions for all existing roof signs to remain m place for as long as the building roof stays m the existing position and denial without prejudice of the request for the sign of "Harbor Plaza" on the flat roof top of the building and require that such sign be completely removed by May 1, 1996 John Rice, 166 Harbor Drive, representing the applicant, addressed the Council The mayor opened the public hearing There were no speakers present Councilman Llorente made a motion adopting staffs recommendation The motion was seconded by Councilman Padovan Councilman Sullivan offered an amendment requiring that all signage at the property comply with Page 3 of 6 February 28, 1995 the shopping center's uniform signage The motion was seconded by Mayor Festa. After bnef discussion, the amendment was withdrawn The Llorente motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Plat Approval The attorney gave a report regarding final plat approval for the Grand Bay Resort and Residences project Carter McDowell, 701 Bnckell Avenue, representing the applicant, addressed the Council and concurred to include language on the plat as recommended by the attorney Councilman Waid made a motion approving the final plat for the Grand Bay Resort and Residences project. The motion was seconded by Councilman Padovan and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes 9 REPORTS AND RECOMMENDATIONS The following reports were submitted Mayor and Councilmembers Councilman Sullivan discussed the Village's newsletter and cable television programs Scott Bass, 201 Galen Drive, addressed the Council Councilman Llorente gave an update on his discussions with the Matheson family regardmg Calusa Park Village Attorney The attorney gave a bnef report regardmg the Seaquanum litigation matter Village Clerk The clerk reported that the mayor had issued a proclamation recognizing February 21, 1995 as Eagle Scout Byron Byron-Exarcos Day The clerk also submitted a copy of Vice Mayor Sine's memorandum, regarding a quality aquarium project article, dated February 10, 1995 Village Manager The Council discussed the proposed name change of Fernwood Road Chiqui Labare, 414 Fernwood Road, and Grant Danzkm, 442 Fernwood Road, addressed the Council Page 4 of 6 February 28, 1995 By consent, the Council directed the attorney to prepare the appropriate legislation, for the Council's consideration at a future meeting, renaming Fernwood Road as Park Dnve, and requiring notification to all property owners along said street At the request of the manager, Director Little discussed the on -going code enforcement violations at the L'Esplanade property Camille Guething, 210 Seaview Drive, addressed the Council Director Little also submitted a prelumnary report regarding the feasibility of using the L'Esplanade and Femwood/Mclntyre properties as municipal facilities There was extensive Council discussion The manager briefly discussed the need for parking facilities for Village employees and Village vehicles The manager submitted the following informational items a copy of Hearing Officer's Recommended Order, State of Florida Public Employees Relations Commission, m case of Dade County Police Benevolent Association v Village of Key Biscayne, dated February 17, 1995, a memorandum from Enc Jacobs, Greater Miami Convention and Visitors Bureau, regarding one percent food and beverage tax, dated February 16, 1995, and an application for participation m Florida League of Cities' Legislative Action Day m Tallahassee The Council discussed the police department's petition for a union vote The manager addressed concerns of the Council Michael Kahn, 881 Ocean Dnve, addressed the Council 10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings was presented to the Council and public 12 ADJOURNMENT The meeting was adjourned at 10 40 p m Page 5 of 6 February 28, 1995 Approved this Ws day of n 0-4- ck. , 1995 Village Cle IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER 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