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Home My Public Portal About05-23-95 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 23, 1995 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 Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Raymond Sullivan, John Wald, Vice Mayor Betty Sime, and Mayor John Festa Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge 3 APPROVAL OF MINUTES Councilman Padovan offered the following correction to the minutes of the regular meeting of May 9, 1995 "Councilman Padovan offered an amendment that the creation of a loud or excessive noise in connection with construction not be permitted on Saturdays, Sundays and Holidays Th seed t `h -notion The motion was seconded by Councilman Sullivan After brief discussion, the motion was withdrawn" (paragraph five of page two of nine) By unanimous consent, the corrected minutes of the regular meeting of May 9, 1995 were adopted 4 AGENDA The mayor requested addition of discussion regarding the Building, Zoning and Planning Department (Item 9 -A -D) Councilman Padovan requested the addition of discussion regarding the public library grounds There were no objections to the agenda changes 5 SPECIAL PRESENTATION There were no special presentations scheduled 6 ORDINANCES The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF KEY BISCAYNE REGARDING THE HOURS PROHIBITING LOUD OR EXCESSIVE NOISE IN CONNECTION WITH THE CONDUCTING OF CONSTRUCTION, PROVIDING FOR PENALTIES FOR VIOLATION, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Page 1 of 6 May 23, 1995 The attorney made a presentation regarding the ordinance and presented an alternate ordinance for the Council's consideration The mayor opened the public heanng The following citizens addressed the Council Paul Abbott, 455 Crandon Boulevard, Bill Croysdale, 550 Ocean Drive, Ted Waldbillig, 455 Crandon Boulevard, Douglas Barry, 455 Crandon Boulevard, Anne McDonald, 670 Curtiswood Drive, Pauline Rivelli, 607 Ocean Drive, Doug Weiser, 455 Crandon Boulevard, Tony Camejo, 151 Crandon Boulevard, Carter McDowell, 455 Crandon Boulevard, Camille Guething, 260 Seaview Drive, Shirley Brill, 550 Ocean Drive, Paul Froehler, 305 Galen Dnve, and Robert Haber, 520 Brickell Key Drive, Miami After extensive discussion, it was the consensus of the Council to establish a committee to further review this matter Mayor Festa made a motion establishing the Construction Noise Ordinance Committee The motion was seconded by Councilman Sullivan 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 Mayor Festa made a motion to table further discussion of the proposed ordinance The motion was seconded by Councilman Waid 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 7 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING COUNCIL'S DISASSOCIATION WITH THE WRITTEN COMMENTS OF COUNCILMAN HUGH O'REILLY REGARDING THE FEMA LOAN, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sullivan After extensive discussion, Councilman O'Reilly made a motion to table the resolution The motion was seconded by Councilman Waid Councilman Waid withdrew his second to the O'Reilly motion After further discussion, the resolution failed on a 3 - 4 roll call vote The vote was as follows Councilman Sullivan, Vice Mayor Sime and Mayor Festa voting Yes Councilmembers Llorente, O'Reilly, Padovan, and Waid voted No Page 2 of 6 May 23 1995 8 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the hearing were sworn -in by the clerk The following hearing was held by the Council Hearing Number 95 -0523 -VC -01 MTA Holdings, Inc , the applicant, 300 Island Drive, requested a non-use variance of twenty-five feet (25') from setback requirement to permit a front setback of fifteen feet (15') for proposed porte cochere addition to residence Village Planner Raul Lastra, serving as acting building, zoning and planning director, stated staffs recommendation for approval subject to the following conditions 1 That the proposed porte cochere not exceed fourteen feet (14') in height from the BFE 2 That plans for the porte cochere comply with the South Flonda Building Code pnor to issuance of any permit Ignacio Zabaleta, 7412 Southwest 48 Street, Miami, representing the applicant, addressed the Council Councilman Llorente made a motion adopting staffs recommendation The motion was seconded by Mayor Festa and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Padovan voted No 9 REPORTS AND RECOMMENDATIONS The following reports were submitted Mayor and Councilmembers Mayor Festa discussed the Council's interest in acquiring the land owned by the Key Biscayne Bank adjacent to the Village Green Councilman Llorente made a motion authonzmg the manager to contact the Key Biscayne Bank and discuss their interest in entenng into discussions with the Village for the sale of the property The motion was seconded by Mayor Festa and 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 The mayor discussed the placement of items on the meeting agenda and the application of the state's sunshine law The attorney addressed the matter Councilman Sullivan discussed the manager's six month departmental goals and objectives Page 3 of 6 May 23, 1995 progress report It was the consensus of the Council to schedule a workshop for June 8, 1995, 5 00 p m , to further discuss the matter Mayor Festa briefly discussed the permitting process of the Building, Zoning and Planning Department Councilman Padovan addressed concerns from the Library Beautification Foundation for maintenance of the library grounds Village Attorney The attorney did not submit a report Village Clerk The clerk submitted for the Council's information a copy of Councilman Llorente's memorandum, regarding the Council's June 6, 1995 meeting, dated May 11, 1995 Village Manager The manager discussed the Village Green project The following issues were addressed The planner bnefly discussed the issue of parking for the park The planner recommended parallel parking along Fernwood Road Bill Ofgant, 512 Fernwood Road, addressed the Council Vice Mayor Sime made a motion adopting staffs recommendation The motion was seconded by Councilman Padovan The motion was adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, and Vice Mayor Sime voting Yes Mayor Festa voted No Saul Padilla, 201 Crandon Boulevard, addressed the Council regarding the use of the park by non-residents The Council discussed the establishment of a registration process for use of the fields The Council discussed rules and regulations for the park The manager addressed the issue of the Kapok trees in the park The Council approved verbiage for a plaque to be placed at the trees The Council discussed the Community Grant Program application Mayor Festa made a motion to limit repeat applicants from applying for grant monies in consecutive years The motion was seconded by Councilman O'Reilly and failed on a 3 - 4 voice vote The vote was as follows Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes Page 4 of 6 May 23, 1995 Councilmembers Llorente, Sullivan, Waid, and Vice Mayor Sime voted No Vice Mayor Sime made a motion prohibiting the use of grant monies to cover personnel costs The motion was seconded by Councilman Waid and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Vice Mayor Sime, and Mayor Festa voting Yes Councilmembers Sullivan and Waid voted No Mayor Festa made a motion to extend the meeting until 11 15 p m The motion was seconded by Councilman Padovan and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes Councilman Waid and Vice Mayor Sime voted No Councilman O'Reilly made a motion authorizing the manager to issue a notice to proceed for the contractor on the Basins 1 - 8 stormwater 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 The manager submitted the following informational items a letter to the Recreation Department's program coordinator, from Sue Lazar, Event Planner, regarding Grand Bay concert, dated May 6, 1995, a copy of "Scoping Meeting Environmental Impact Statement for Proposed New Runway at Miami International Airport", dated May 8, 1995, a letter from Virginia Wetherell, Florida Department of Environmental Protection, regarding Governor Lawton Chiles' "Common Sense Approach" program, dated May 12, 1995, a copy of the legal advertisement for the Request for Letters of Interest for construction engineering and inspection services in connection with Basin 1 - 8 Stormwater Improvement program dated May 15, 1995, and a letter to the manager, from Raul Rojas, United States Postal Service, regarding L'Esplanade facility, dated May 16, 1995 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 Page 5 of 6 May 23, 1995 12 ADJOURNMENT The meeting was adjourned at 11 15 p m Approved this 15°1 day of - , 3V n � 1995 Village Cle k 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