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Home My Public Portal About09-26-95 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 26, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND 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 Waid, Vice Mayor Betty Sune, 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 of Allegiance 3 APPROVAL OF MINUTES There were no minutes submitted for the Council's consideration 4 AGENDA The clerk requested the addition of an item regardmg the appointment of a representative to the Dade League of Cities' Board of Directors (Item 9-A-5) Mayor Festa requested that Item 9-A-3, concerning Calusa Park, be discussed as the first item under "Mayor and Councilmembers " Councilman Padovan requested the addition of discussion regarding banners for the new light poles on Crandon Boulevard (Item 9-A-6) Vice Mayor Sune requested the addition of discussion regarding the Key Biscayne Community Church (Item 9-A-7) There were no objections to the agenda changes 5 SPECIAL PRESENTATIONS Cesar Odio, City Manager of the City of Mllami„ made a presentation to the Council regarding the city's proposed development of campgrounds on Virginia Key The following representatives of the City of Mann also participated in the presentation Thom Grafton, project architect, Jack Luft, the city's Director of Community Planning and Revitaln7ation, and Wendall Collins, planning coordinator for the project. The following citizens addressed the Council regarding the City of Miami's presentation Roberta Fallaban, 200 Galen Drive, Mortimer Fried, 291 Harbor Court, and Mana Valls, 662 Glenndge Road There was extensive Council discussion regardmg the presentation and proposed development of Virginia Key Page 1 of 6 September 26, 1995 6 ORDINANCES The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 25 OF THE CODE OF KEY BISCAYNE TO PROVIDE FOR INCREASES IN OCCUPATIONAL LICENSE TAXES FOR FINANCIAL INSTITUTIONS AND VENDING MACHINES, AMENDING DEFINTIION OF BUSINESS TO EXCLUDE NON-PROFIT SERVICE CLUBS AND ORGANTZATIONS, PROVIDING FOR SEVERABLIITY, 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 The motion was seconded by Councilman Padovan and adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sime, and Mayor Festa voting Yes 7 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF TEE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORING THE VILLAGE MANAGER TO ENIER INTO AN AGREEMENT' WITH MEIROPOI TAN DADE COUNTY FOR USE OF COUNTY SOLID WASTE MANAGEMENT SYSTEM, PROVIDING MR AN E FEC:IIVE DATE The manager gave a report regarding the proposed agreement with Dade County The manager recommended deferral of the application and advised the Council that he will notify the county of the Village's intention to commit to enter into an agreement for use of the sold waste management system. 8 BUILDINGS ZONING AND PLANNING The following matters were considered. All witnesses giving testimony in the zoning hearings were sworn in by the clerk. Hearing Number 95 -0926 -VC -01 Villa Harbor Apartment Association, Inc , 166 Harbor Drive, the applicant, requested a non-use variance of twenty feet (20') interior side setback requirement to permit an interoor side setback of approximately one feet (1') for proposed alteration of common property Building, Zoning and Platuung Director John Little presented his recommendation for approval of the application Page 2of6 September 26, 1995 Robert Owens, 166 Harbor Drive, representing the applicant, addressed the Council Mayor Festa open the public hearing There were no speakers present Councilman Sullivan made a motion adopting staffs recommendation The motion was seconded by Vice Mayor Sime and adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sime, and Mayor Festa voting Yes Hearing Number 95 -0926 -VC -02 Jorge and Olga Garcia Montes, 501 Bay Lane, the applicant, requested a non-use vanance of twenty-five feet (25') front setback regturement to permit a front setback of twelve point six seven feet (12 67) for proposed porte cochere addition to new residence Director Little presented his recommendation for approval of the application Jose Castro, 218 Almeira Avenue, Coral Gables, representing the applicant, addressed the Council Mayor Festa opened the public hearing The following residents addressed the Council John Rosser, 300 Redwood Lane, Maria Valls, 662 Glenndge Road, and Allan Ward, 470 Palmwood Lane After extensive discussion, Councilman O'Reilly made a motion adopting staffs recommendation. The motion was seconded by Councilman Padovan and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Sullivan, Wald, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Padovan voted No Hearing Number 95 -0926 -VC -03 Susan A. Talansky, 540 Harbor Drive, the applicant, requested a non-use variance of seven and half feet (7 5') interior side setback to permit an interior side setback of five point one feet (5 1') for an existing residence Director Little stated his recommendation for approval of the application subject to specified conditions Susan Talansky, 540 Harbor Drive, the applicant, addressed the Council The mayor opened the public hearing John Rosser, 300 Ridgewood Lane, addressed the Council Page 3 of 6 September 26, 1995 Vice Mayor Sime made a motion adopting staffs recommendation. The motion was seconded by Mayor Festa and adopted by a 6 - 0 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Waid was absent during the vote Director Little presented the preliminary findings of a study completed by his department regarding the licensing of establishments selling alcoholic beverages 9 REPORTS AND RECONIVIENDATIONS The following items were discussed The Council discussed the Calusa Park issue and recent negotiations with Dade County for a lease of the park. Camille Guethnng, 260 Seaview Drive, and Mortimer Fned, 291 Harbor Court, addressed the Council At the recommendation of Councilman Llorente, Mayor Festa made a motion instructing the Village Attorney to file a legal complaint in the appropi late court of law challenging the terms of the county's settlement agreement with the Matheson Family concerning Crandon Park. The motion was seconded by Councilman O'Reilly 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 Village Engineer Carlos Perin made a presentation regarding the proposed sidewalk project for the Village Village Planner Raul Lastra also participated m discussions with the Council The following residents addressed the Council Cns Sager, 335 Harbor Dnve, James Tamtor, 355 Harbor Drive, and Susan Talansky, 540 Harbor Drive Mayor Festa made a motion authonzing the engineer to prepare plans for sidewalks for Harbor Drive to be located on the west side of the road, located at a miumum of fourteen to seventeen feet from edge of road, and have a six foot width. The motion was seconded by Councilman O'Reilly Councilman O'Reilly offered an amendment requiring 50% approval from property owners prior to the installation of the sidewalks There was no second to the O'Reilly motion The Festa motion was 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 Page 4of6 September 26, 1995 Mayor Festa made motion authonzing the engineer to prepare plans for sidewalks for West Mashta Dnve to be located on the south side of the road, located as close to the road as possible -- taking into account the future growth pattern of street trees, and have a five foot width The motion was seconded by Vice Mayor Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sine, and Mayor Festa voting Yes By consensus, the engineer was directed to prepare plans for sidewalks for Fanwood Road to be located on the east side of the road, located along the property line contingent upon property owner approval for landscaping on pnvate property, and have a five foot width Mayor Festa made a motion directing the engineer to prepare a cost estivate for sidewalks for West Heather Drive 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, Wald, Vice Mayor Sime, and Mayor Festa voting Yes By consensus, the engineer was also directed to prepare cost estimates for sidewalks on sections of West McIntyre Street and for repairs to the existing sidewalks on Ocean Lane Drive and Grapetree Drive Councilman Padovan discussed her concerns regarding the property located at Crandon Boulevard and West McIntyre Street adjacent to the Emergency Services Complex By consensus, staffwas directed to review the issue of fences along Crandon Boulevard. The Council appointed Councilman Padovan to serve as the Village's representative to the Dade County League of Cities' Board of Directors Councilman Wald was re -appointed as the alternate representative Councilman Padovan discussed the need for banners for the new light poles installed on Crandon Boulevard. Councilman Padovan made a motion appropnatmg funds from the Fiscal Year 1995 Public Works Department budget for the purchase of banners for Crandon Boulevard. The motion was seconded by Mayor Festa and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sine, and Mayor Festa voting Yes 10 QI 1ER BUSINESS/GENERAL DISCUSSION There was no further business discussed Page 5of6 September 26, 1995 11 SCHEDULE OF FCTIIJRE I IEKI NGS A schedule of future meetings was provided for the Council and public 12 The meeting was adjourned at 10 45 p m Approve his Ot' day of , 1995 Village S erlr IF A PERSON DECIDES' TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA71ER CONSIDERED AT A MEETING OR HE4REVG, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE MAY NEED TO FIVSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS LS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THEAPPE4L IS TO BE BASED Page 6 of 6