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Home My Public Portal About04-25-95 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 25, 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 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 Gil Pastonza 2 PLEDGE OF ALLEGIANCE The mayor led the Pledge 3 APPROVAL OF MINUTES There were no minutes submitted for the Council's consideration 4 AGENDA Councilman Padovan requested the addition of discussion regarding the role of the manager The mayor requested the addition of discussion regarding local contractors There were no objections to the agenda changes Vice Mayor Sune presented to the Council a plaque awarded to the Village by the Calusa Playhouse in appreciation for the Village's efforts in the restoration of the building 5 SPECIAL PRESENTATIONS There were no presentations scheduled 6 ORDINANCES There were no ordinances considered by the Council 7 RESOLUTIONS There were no resolutions considered by the Council 8 BUILDING, ZONING AND PLANNING All witnesses giving testimony during the scheduled zoning hearing were sworn -in by the clerk Hearing Number 94 -0927 -VC -01 Key Biscayne Cablevision, the applicant, located at 971 Crandon Boulevard, requested approval of an unusual use to permit a cable television facility including but not limited to the incidental office space, transmission facilities and satellite dishes located on said property and a modification to conditions within pnor approvals and recorded covenants allowing for a change in the site plan for development of the property Page 1 of 5 April 25 1995 Building, Zoning and Planning Director John Little stated his recommendation for approval subject to the following conditions 1 That the applicant provide visual screen to block the viewing of antennas from pedestrians at street level within 600 feet from the subject property to minimize the visibility of the satellite dish antennas (SDAs) by pedestrians or by adjoining property owners 2 That the existing ground -mounted antenna near the entrance abutting to Crandon Boulevard be removed 3 That landscaping at the subject property be in compliance with previous resolutions and agreements relative to landscaping requirements 4 That all fees and fines for previous violation on mounting four SDAs without building permits be paid in full before obtaining a building permit from the Village of Key Biscayne Buildmg, zoning and Planning Department, otherwise no SDAs shall be allowed to be erected 5 That all SDAs be anchored per South Florida Building Code before an anticipated hurricane hit 6 That the applicants submit plans showing all revisions to the building including all elevations and landscaping as well as site plan and floor plan 7 That application for a building permit for the four SDAs must include certification by a registered engineer that the proposed installation complies with the South Florida Building Code 8 That the applicants receive an annual certificate of occupancy and occupation license from the Village of Key Biscayne The building, zoning and planning director answered inquiries from the Council The attorney made a presentation to the Council regarding Section 33-311(d) of the zoning code governing the approval of special exceptions, unusual and new uses Mayor Festa opened the public hearing Santiago Echemendia, 999 Ponce De Leon Boulevard, Coral Gables, representing the applicant addressed the Council Page 2 of 5 April 25, 1995 Robert Solove, 9500 South Dadeland Boulevard, Miami, representmg Land and Property Management Corporation, spoke in opposition to the application The following also addressed the Council Francisco Martinez, 180 Island Drive, John Haines, 210 Seaview Drive, John Delafuente, 573 Hampton Lane, Mark Poffenbarger, 2050 Coral Way, Miami, Jim O'Neil, Seaview Dnve, Camille Guethmg, 260 Seaview Drive, Steve Elliot, 6707 Southwest 102 Court, Miami, and Andrew Delafuente, 296 Seaview Drive Steve Elliot, Curt Batman and Len Wiesenhut, representmg Adelphia Cable Communications, 20800 Southwest 167 Avenue, Miami, addressed Council inquires Vice Mayor Sure made a motion adopting staffs recommendation and requiring that the satellite dishes be removed within five years The motion was seconded by Mayor Festa Councilman O'Reilly offered an amendment to the Sime motion by striking condition number two of the director's recommendation The motion was seconded by Councilman Waid and failed on a 3 - 4 roll call vote The vote was as follows Councilmembers O'Reilly, Waid and Mayor Festa voting Yes Councilmembers Llorente, Padovan, Sullivan, and Vice Mayor Sime voted No Councilman Padovan offered an amendment that condition number one be amended to include the following language "m the event that the request of the visual screen m no way minimizes the visibility of the satellite dishes, as determined by the Council, the visual screen will be removed by the applicant and that the applicant be required to provide maintenance for so long as satellite dishes are located on the roof " The motion was seconded by Mayor Festa. Mayor Festa made a motion that the Padovan motion be divided into two elements visual screen and maintenance The motion was seconded by Councilman O'Reilly and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Rlly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes The amendment regarding the visual screen failed by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voted No The amendment regarding maintenance of the visual screen was adopted by a 6 - 1 roll call vote Page 3 of 5 April 25, 1995 The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voting Yes Councilman Waid voted No Councilman Llorente made a motion to reconsider the O'Reilly motion regarding option number two of the director's recommendation The motion was seconded by Councilman Sullivan and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Mayor Festa voting Yes Vice Mayor Sime voted No Mayor Festa offered and amendment striking condition number two of the director's recommendation The motion was seconded by Councilman Waid and adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sine, and Mayor Festa voting Yes The amended Sime motion was adopted by a 4 - 3 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan, Waid, and Vice Mayor Sine voting Yes Councilmembers Llorente, Sullivan and Mayor Festa voted No 9 REPORTS AND RECOMMENDATIONS The following reports were submitted Mayor and Councilmembers Councilman Padovan made a motion to terminate the manager's employment as per Section 3(a) of his employment agreement to be effective immediately The motion was seconded by Councilman O'Reilly Mayor Festa made a motion to table the matter to the next regular Council meeting The motion was seconded by Vice Mayor Sane and failed on a 3 - 4 voice vote The vote was as follows Councilman Sullivan, Vice Mayor Same and Mayor Festa voting Yes Councilmembers Llorente, O'Reilly, Padovan, and Wald voted No The following residents addressed the Council Clifford Brody, 180 Harbor Drive, Sally Brody, 180 Harbor Drive, Camille Guething, 260 Seaview Drive, John McCloud, 250 Glenndge Road, Alberto Delacruz, 151 Island Drive, Dorothea Bailey, 338 West Heather Drive, Martha Broucek, 170 Ocean Lane Drive, Mary Wills, 210 Seaview Drive, Mortimer Fried, 291 Harbor Court, Mike Flaherty, 750 Myrtlewood Dnve, Steve Simon, 335 Harbor Lane, Nancy Stoner, 620 North Mashta Drive, George Lesser, 255 Sunrise Drive, Jim O'Neal, 210 Seaview Dnve, Sam Davidian, 720 Myrtlewood Lane, Scott Bass, 201 Galen Dnve, Bill Bailey, 338 West Heather Drive, Armando Nunez, 265 Glenndge Road, Gene Stearns, 180 Cape Florida Drive, Bonnie Cooper, 77 Crandon Boulevard, and Bob Bristol, 610 Ridgewood Road Page 4 of 5 April 25, 1995 After further discussion, Mayor Festa made a motion to table the matter The motion was seconded by Vice Mayor Sime and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilmembers O'Reilly and Wald voted No By consensus, a meeting was scheduled for May 18, 1995 to further discuss the matter The clerk submitted a copy of Councilman Llorente's memorandum of Apnl 21, 1995 regardmg the stormwater project The manager submitted the following informational items a memorandum from Sandra Goldstein, the Village's beach renounshment liaison, regarding beach restoration, dated Apnl 18, 1995, a letter from Robert Barron, Coastal Management and Consulting, regardmg dune restoration, dated Apnl 17, 1995, a letter from Robin Reiter, Dade County Public Schools' Blue Ribbon Capital Outlay Advisory Committee, regarding $1 5 billion capital bond and construction program, a letter from Octavio Visiedo, Dade County Public Schools, regarding productivity of public schools, dated March 30, 1995 10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 11 SCHEDULE OF FUTURE MEETINGS A schedule of future meetings was presented to the Council and public 12 ADJOURNMENT The meeting was adjourned at 11 00 p m Approved this 1< day of 1 ' ' a ,1995 Village Cler 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 5 of 5