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HomeMy Public PortalAbout04-11-95 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 11, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Festa at 7 05 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Wald, and Mayor John Festa Vice Mayor Betty Sime was absent. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 INVOCATION Father Jose Hernando, of St Agnes Catholic Church, gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge 4 APPROVAL OF MINUTES By unanimous consent, the minutes of the regular meeting of March 14, 1995, the minutes of the special meeting of March 27, 1995 and minutes of the special meeting of March 28, 1995 were approved 5 AGENDA Councilman O'Reilly requested discussion regarding "ruins of Key Biscayne" as Item 11-A-3 Councilman Llorente requested the addition of discussion regarding the Village's Kapok trees as Item 11-A-4 Councilman Padovan requested discussion regarding a request by the Chamber of Commerce for use of the Village Green as Item 11-A-5 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS Jerry Chiocca and Michael Futterman, of Rachlun, Cohen and Holtz, the Village's auditors, made a presentation regarding the 1994 Comprehensive Annual Financial Report 7 PUBLIC COMMENTS There were no speakers present 8 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING A PROCEDURE BY WHICH THE COUNCIL BY RESOLUTION MAY NAME OR RENAME VILLAGE STREETS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Page 1 of 10 Aprrl 11, 1995 The mayor opened a public hearing There were no speakers present Councilman Padovan offered an amendment inserting the following language m Section 1 "Notice of the public heanng shall be mailed to all property owners of record on the affected street, road or public way " The motion was seconded by Mayor Festa and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes Councilman O'Reilly offered an amendment inserting the following language in Section 1 "No such road, street or public way shall be named for living persons " The motion was seconded by Mayor Festa and adopted by a 5 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Sullivan, Waid, and Mayor Festa voting Yes Councilman Padovan voted No Councilman O'Reilly made a motion adopting the amended ordinance on first reading The motion was seconded by Councilman Waid and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes The clerk announced the second reading of the ordinance for May 9, 1995 The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE VILLAGE TO IMPOSE FEES FOR SOLID WASTE AND RECYCLING WITHIN THE VILLAGE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Festa opened the public hearing There were no speakers present Mayor Festa made a motion adopting the ordinance on second reading The motion was seconded by Councilman Waid and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly Padovan, Sullivan, Waid, and Mayor Festa voting Yes The clerk read the following ordinance, on second reading, by title Page 2 of 10 April 11 1995 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, DELETING SECTION 33-310 ENTITLED "ZONING APPEALS BOARD - NOTICE AND HEARING PREREQUISITE TO ACTION BY THE BOARD", AMENDING THE CODE OF THE VILLAGE OF KEY BISCAYNE TO PROVIDE PUBLIC NOTICE PREREQUISITES TO ACTION ON ZONING APPLICATIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Festa opened the public hearing There were no speakers present Mayor Festa made a motion adopting the ordinance on second reading The motion was seconded by Councilman Waid and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly Padovan, Sullivan, Waid, and Mayor Festa voting Yes 9 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SETTING FEES FOR THE COLLECTION OF SOLID WASTE AND FOR THE PROVIDING OF RECYCLING SERVICES, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa opened a public hearing There were no speakers present After brief discussion, Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Waid Resolution 95-9 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Padovan Resolution 95-10 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes Page 3 of 10 Aprzl 11, 1995 The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,200,000 00 FOR THE PURPOSE OF EXPANDING AND IMPROVING THE STORMWATER UTILITY SYSTEM WITHIN THE VILLAGE, AND PAYING COSTS OF ISSUANCE OF THE NOTES, AWARDING THE SALE OF THE NOTES TO KEY BISCAYNE BANK AND TRUST COMPANY AND FIRST UNION NATIONAL BANK OF FLORIDA, PROVIDING FOR SECURITY FOR THE NOTES, PROVIDING OTHER PROVISIONS RELATING TO THE NOTES, MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE Percy Aguila, the Village's financial advisor, and Jeff DeCarlo, the Village's bond counsel, addressed the Council Doug Weiser, 3250 Mary Street, Miami, addressed the Council Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Waid Resolution 95-11 was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa votmg Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING EMPLOYEE DEVELOPMENT PROGRAM, APPROPRIATING FUNDS FOR PROGRAM, PROVIDING FOR AN EFFECTIVE DATE Ed Meyer, 100 Sunnse Dnve, and Mary Wills, 210 Seaview Drive, addressed the Council After bnef discussion, Councilman Waid made a motion adopting the resolution The motion was seconded by Councilman Padovan Resolution 95-12 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, and Mayor Festa votmg Yes The clerk read the following resolution by title Page 4 of 10 April 11 1995 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, OPPOSING RECOMMENDATIONS IN THE PRESIDENT'S 1996 BUDGET REQUEST WHICH WOULD REMOVE FEDERAL PARTICIPATION IN WATER RESOURCES PROJECTS, INCLUDING BEACH RENOURISHMENT PROJECTS, WHICH ARE NOT "NATIONALLY SIGNIFICANT", AND RECOMMENDING THAT THE CURRENT FEDERAL CRITERIA FOR PARTICIPATION AND COST -SHARING BE RETAINED, AND OPPOSING ANY FUTURE LEGISLATION WHICH MAY ELIMINATE OR LIMIT FEDERAL PARTICIPATION IN SUCH PROJECTS, PROVIDING FOR AN EFFECTIVE DATE Councilman Llorente made a motion adopting the resolution The motion was seconded by Mayor Festa After brief discussion, Councilman O'Reilly offered an amendment striking all the whereas clauses of the resolution The motion was seconded by Councilman Llorente and adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes Councilman Sullivan voted No Resolution 95-13, as amended, was adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes Councilman Waid voted No 10 BUILDING, ZONING AND PLANNING The following hearing was held Hearing Number 95 -0411 -VC -01 AWL Key Associates, the applicant, 455 Crandon Boulevard/555 Ocean Drive, requested an admuustrative tract review for the project entitled "Grand Bay Resort and Residences " All witnesses giving testimony were sworn m by the clerk Building, Zoning and Planning Director John Little stated his recommendation for approval subject to the following conditions 1 Dwelling Unit Setbacks The minimum building setback Imes shall be appropnate for the location of the subdivision and on the type of development and use contemplated The following setbacks for the project shall be required Page 5 of 10 April 11, 1995 a. Along Crandon Boulevard thirty feet between the Crandon property line and rear of the platted lots a pnvate or semi-pnvate landscaped open space be created that establishes a pedestrian access to Crandon Boulevard b Along East Heather and the interior pnvate road the minimum setback shall be fifteen feet for any one story element and twenty feet for any two story element m these rear area yards c Zero front setback shall be permitted for Tract E residences d Zero side setback shall be permitted e Zero rear setback shall be permitted for all other properties within the proposed development 2 Pedestrian Access That m accordance with Section 28-14 of the Dade County Subdivision Code and Key Biscayne Master Plan pedestrian access be provided m the center of the lots facing Crandon Boulevard to provide circulation or access to schools, parks, shopping centers, transportation, and other commumty facilities 3 Common Open Space That the common open space meet the open space requirements and fall within the allowable minimum and maximum amounts for each category 4 Lot Shape and Onentation. That the applicants must justify why the side lot lines are not substantially perpendicular to the front street property line, as required by Section 28-14 of the Dade County Subdivision Code 5 Plans to be Submitted That before any final plat be approved, the applicant must submit final plans as listed Street Lighting, Street Signage, Public Edge Landscaping and Wall Conditions, and Edge Setbacks Doug Weiser, 3250 Mary Street, Miami, Richard Graham, 2727 Southwest 26 Avenue, Miami, Paul Abbott, 3250 Mary Street, Miami, and Carter McDowell, 701 Bnckell Avenue, Miami, representing the applicant, addressed the Council The mayor opened the public hearing Bill Ofgant, 512 Femwood Road, addressed the Council After extensive discussion, Councilman Llorente made a motion adopting staffs recommendation with the following changes Page 6 of 10 April 11 1995 1 Dwelling Unit Setbacks The muumum building setback lines shall be appropnate for the location of the subdivision and on the type of development and use contemplated The following minimum setbacks for the project shall be required a Along Crandon Boulevard thirty feet between the Crandon property line and rear of the platted lots b Along East Heather and the interior pnvate road the minimum setback shall be fifteen feet for any one story element and twenty feet for any two story element m these rear area yards c Zero front setback shall be permitted for Tract E residences d Zero side setback shall be permitted e Zcro Five feet rear setback The motion was seconded by Councilman Waid and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa votmg Yes 11 REPORTS AND RECOMMENDATIONS The following reports were submitted Mayor and Councilmembers Councilman Sullivan made a motion acknowledging the closing of certain traffic lanes on Crandon Boulevard for the "Family Fitness Weekend" on June 24 and 25, 1995 The motion was seconded by the mayor and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes Councilman Padovan discussed the need for no parking signs along the south side of Harbor Drive between Crandon Boulevard and Fernwood Road Councilman Padovan made a motion authorizing the police chief to request no parking signs for the specified area. The motion was seconded by Page 7 of 10 April 11 1995 Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa votmg Yes Councilman O'Reilly discussed the condition of several deteriorated properties within the Village Building, Zoning and Planning Director Little addressed the concerns of the councilman Councilman Llorente discussed the need for the preservation of the Kapok trees m the Village Green By consensus, the Council directed the Buildmg, Zoning and Planning Department to include the preservation of the trees in the overall plan for the park Cecile Sanchez, 260 Cypress Drive, addressed the Council Councilman Padovan made a motion approving the Key Biscayne Chamber of Commerce's request to hold a concert m the Village Green on Apnl 23, 1995 The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes Village Attorney The attorney gave an update regarding the Key Colony/stormwater fee lawsuit and Calusa Park Village Clerk By consent, the Council approved travel for the clerk to attend the International Institute of Municipal Clerks' Conference, m Louisville, durmg the week of May 21 - 25, 1995 Village Manager The Council deferred discussion of a request by the Key Biscayne Music and Drama Club for a chartable contribution The manager, Building, Zoning and Planning Director Little and Village Planner Raul Lastra made a presentation regarding the Village Green The following issues were discussed a proposed band stand/restroom structure, a perimeter wall, angle parking along Fernwood Road, and trash containers The following residents addressed the Council Chiqui Labere, 414 Fernwood Road, Scott Bass, 201 Galen Dnve, Henny Becker, 290 West Mashta Drive, and Ed Meyer, 100 Sunnse Dnve It was the consensus of the Council to schedule a contest for the design of a band shelter for the park The manager also made a presentation regarding proposed rules and regulations for the Village Green Page 8 of 10 April 11 1995 After brief discussion, Councilman O'Reilly made a motion to repeal provisions of the County Code, as they relate to the Village, regarding park rules and regulations The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes Councilman O'Reilly made a motion permitting only authonzed vehicles m the park The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa votmg Yes Mayor Festa made a motion prohibiting pets m the park The motion was seconded by Councilman Padovan and failed on a 3 - 3 voice vote The vote was as follows Councilmembers Padovan, Sullivan and Mayor Festa votmg Yes Councilmembers Llorente, O'Reilly and Waid voted No Emergency Services Director Michael Flaherty addressed the Council regarding park rules Mayor Festa made a motion to extend the meetmg until 11 30 p m The motion was seconded by Councilman Padovan and adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa votmg Yes Councilman Waid voted No Mayor Festa made a motion to reconsider the O'Reilly motion repealing sections of the County Code relating to park rules and regulations The motion was seconded by Councilman Padovan and failed on a 2 - 4 voice vote The vote was as follows Councilman Padovan and Mayor Festa voting Yes Councilmembers Llorente, O'Reilly, Sullivan, and Wand voted No Discussion regarding the manager's employee suggestion report and community grant program application was deferred to the Council's next regular meetmg The manager informed the Council of his office's efforts to provide additional community information through a cable television program entitled "Key Issues " The mayor requested that the attorney discuss the issue of additional television access time with Adelphia Cable The manager reported that surplus police vehicles had been sold through an auction Page 9 of 10 April 11 1995 The Council briefly discussed a report of the Village Engineer regarding the replacement of the West Mashta bridge The manager submitted the following informational items the monthly departmental reports, a memorandum from the Village Engineer, regarding the West Mashta roadway crossing project, dated March 21, 1995, a letter from Richard Bonner, U S Army Corp of Engineers, regarding beach renounshment, dated March 22, 1995, a letter from the Village Attorney, regarding the reimbursement of costs m connection with Village of Key Biscayne adv Key Colony, et al , dated April 3, 1995, and a letter from Chnstopher Burns, Dade Marine Institute, regarding beach clean-up, dated Apnl 3, 1995 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 was adjourned at 11 25 p m Approved this ' day of C\g( ` a ,1995 Aup 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 10 of 10