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
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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
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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
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