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Home My Public Portal About07-27-95 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, JULY 27, 1995 (CONTINUATION OF MEETING OF JULY 25, 1995) COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meetmg was called to order by Mayor Festa at 7 00 pm. Present were Councilmembers Raul Llorente, Hugh O'Reilly,MVfichele Padovan, Raymond Sullivan, John Wald, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Attorney Stephen Helfman and Assistant to the Village Clerk Tania Padron (serving as Acting Village Clerk) Mayor Festa led the Pledge of Allegiance The mayor announced that this meetmg was a continuation of the meeting of July 25, 1995 The Council resumed discussions regarding Zoning Hearing 95 -0725 -VC -02, the Ocean Club Limited Partnership's application requesting changes to their Development of Regional Impact Development Order for the property at 750-775 Crandon Boulevard. At the request of the mayor, Attorney Helfman discussed the concept of vested nghts for the project Building, Zoning and Planning Director John Little and Village Planner Raul Lastra addressed Council inquiries regarding the application. Stanley Price, 701 Bnckell Avenue, Maim, representing the applicant, addressed the Council regarding the applicant's drawings and the spacial relation of proposed buildings and existing buildings John Hinson, 750 Crandon Boulevard, representing the applicant, addressed the Council regarding vanous aspects of the proposed Ocean Club project. Mr Hnson offered the following modifications to the project relocation and alteration of certain buildings, dedication of approximately three-quarters of an acre parcel located at the comer of Crandon Boulevard and East Enid Drive for a public lake park, dedication of a two acre parcel for a Village beach -front public park, $250,000 00 for improvements to the proposed beach -front park, and dedication of five feet of land along the length of East Enid Drive for a linear park. Page I of 4 July 27, 1995 Carter McDowell, Evan Marks and John Templeton, also representmg the applicant, addressed Council inquiries regarding the project Mayor Festa re -opened the public hearing The following citizens addressed the Council Mary Pryor, 611 Ocean Drive, Tucker Gibbs, 2665 South Bayshore Drive, Miami, representing the Sands Condominium, Joseph Cole, 5879 Sunset Drive, South Mfiami, representmg the Sands Condominium, Jerry Kaiser, 605 Ocean Drive, Zaida Vidal, 600 Grapetree Drive, Mabel Betancourt, 260 Sunrise Drive, Bill Ofgant, 512 Fernwood Road, Michael Kahn, 881 Ocean Drive, Bill Cole, 580 Fernwood Road, Jim Brewster, 500 North Mashta Drive, Mortimer Fned, 291 Harbor Court, Sam Davidian, 720 Myrtlewood Lane, Maude Beringer, 371 Beechwood Drive, and Benny Benach, 270 Cypress Drive Councilman O'Reilly's motion, made on July 25th, granting a special exception for the site plan approval and approving height variances subject to conditions specified by staffs recommendation was on the table Councilman Waid offered an amendment incorporating the following changes to the application Ocean Tower One will be moved west -ward twenty feet, dedication of beach -front park, contribution of $250,000 00 for improvement of beach -front park, dedication of lake park, dedication of five feet of land along the length of East Enid Drive, eastern most portion of Ocean Tower Two will be moved west-wardly twenty feet, Ocean Tower One and Ocean Tower Two heights will be staggered 14 stories, 14 stones, 16 stones, and 16 stones, and the middle building's height will be reduced to 191 feet and a reduction of six units The motion was seconded by Councilman O'Reilly The amendment was adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Waid votmg Yes Vice Mayor Sime and Mayor Festa voted No Councilman Llorente offered an amendment limiting Ocean Tower One and Ocean Tower Two to 14 stones The motion was seconded by Councilman Sullivan. The amendment was adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers Llorente, Sullivan, Vice Mayor Sime, and Mayor Festa votmg Yes Councilmembers O'Reilly, Padovan and Waid voted No Vice Mayor Sime discussed the concerns of residents of the Sands Condominium with regards to the project. Sandra Goldstein, 611 Ocean Drive, addressed the Council Vice Mayor Sime made a motion continuing the hearing to September 6, 1995 to allow the applicant time to meet with representatives of the Sands Condominium in an attempt to resolve differences The motion was seconded by Mayor Festa and failed on a 2 - 5 roll call vote The vote was as follows Vice Mayor Sime and Mayor Page 2 of 4 July 27, 1995 Festa votmg Yes Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Wald voted No The amended O'Reilly motion was adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Vice Mayor Sime voting Yes Councilman Waid and Mayor Festa voted No Mayor Festa made a motion inplementilg the following the elimination of wetland area requirement, changing description of project to conform to site plan, extending build -out date to December 30, 2002, amend covenant to reflect changes to modified site plan, change, where appropnate, Metro -Dade County references to Village of Key Biscayne, and directing the Village Attorney and staff to amend textual descriptions so as to be consistent with modified site plan. The motion was seconded by Councilman O'Reilly Mayor Festa offered an amendment limiting the build -out date to December 30, 2000 and providing an extension until December 30, 2002 if at least fifty percent of the units have been completed by the year 2000 The motion was seconded by Councilman Padovan. After bnef discussion, the amendment failed on a 1 - 6 roll call vote The vote was as follows Mayor Festa votmg Yes Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voted No The Festa motion was adopted by a 6 - 1 roll call vote The vote was as following Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voting Yes Mayor Festa voted No Councilman O'Reilly made a motion granting withdrawal of a variance request for the Lake Tower 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 Attorney Helfman requested an executive session of the Council to discuss the settlement of the Seaquarium litigation matter The Council scheduled the session for September 12, 1995 at500pm. Councilman Sullivan discussed the possibility of having the Olympic Flame, which will be in Miami on July 4, 1996, be a part of the 1996 Fourth of July Parade It was the consensus of the Council to pursue the matter The manager submitted the following mformational items a copy of the City of Miami's request for mfon nation regarding the proposed Virgiia Key campground dated June 28, Page3of4 July 2Z 1995 1995, a letter from the police chief, to Kenneth Clark, Flonda Marine Patrol, regarding the beach and boats, dated July 6, 1995, a letter from the police chief, to Sheldon Pivnik, Metro - Dade County Traffic Signs and Signals Division, regardmg Femwood Road "No Thin Trucks" signs, dated July 11, 1995, a letter from Nicholas Mansbach, Dade Marine Institute, to the manager, regarding beach clean-up, dated July 18, 1995, a memorandum from the manager, to the Council, regardmg 1995-1996 construction projects, dated July 18, 1995, a memorandum from the police chief, to the manager, regarding marine patrol operations, dated July 18, 1995, a letter from Mary Ann Weissmann, a tourist, regarding the Village's fireworks display on July 4th, dated July 19, 1995, a memorandum from the police chief, to the manager, regarding East-West traffic flow contingency plans, dated July 20, 1995, a notice from the National League of Cities regardmg the 1995 conference, and a copy of the Police Department's Cnme Prevention and Emergency Preparedness packet The meeting was adjourned at 1145 p m. Approved this 12* day of S() , 1995 IFA PERSON DECIDES TO APPE4L ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY M411F:R CONSIDERED AT A MEETLVG OR HFARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCHPURPbSI MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDFIVCEUPON WHICHTHEAPPEALIS'TOBEBASED Page 4of4