The URL can be used to link to this page

Home My Public Portal About07-25-95 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 25, 1995 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROIL CALL OF MEMBERS The meeting was called to order by Mayor Festa at 7 00 pm. Present were Councilmembers Raul Llorente, Hugh O'Reilly, Nfichele Padovan (amved at 7 05 p m.), Raymond Sullivan, John Waid, Vice Mayor Betty Sime, and Mayor John Festa. Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helf nan. 2 PLEDGE OF ALIEGIANCE. Mayor Festa led the Pledge 3 APPROVAL OF MINUTES There were no minutes submitted for the Council's consideration. 4 AGENDA Councilman Sullivan requested the addition of discussion regarding the Olympic flame (Item 9-A-3) There were no objections 5 SPECIAL PRESENTATIONS Chuck Pezoldt, Director of Metropolitan Dade County's Park and Recreation Department, and Bruce Matheson, representing the Matheson Family, made a presentation to the Council regarding the proposed Crandon Park master plan and elements relating to Calusa Park. The Council discussed the presentation. Councilman Llorente made a motion instructing the Village Attorney to file a legal complamt and prepare a challenge to the terms of the county's settlement agreement with the Matheson family concerning Crandon Park and providing a ten day period for the county to respond to the Village Attorney of its intentions with regards to the preservation of the integnty of Calusa Park as is in its present condition. The motion was seconded by Councilman Waid. The motion was amended to provide the county until the September 12th meeting of the Council to respond to the Village Mayor Festa objected to the amendment The Llorente motion was adopted by a 6 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, and Vice Mayor Sime voting Yes Mayor Festa voted No Page 1 of 7 July 25, 1995 Mayor Festa discussed the establishment of a youth center on Virginia Key The mayor read the following resolution by title A RESOLUTION APPROVING, IN PRINCIPAL, THE INTERLOCAL DEVELOPMENT' T OF COMMUNITY RECREATIONAL FACIIITIES AND ACCESSORY AMENITIES ON VIRGINIA KEY AS A COOPERATIVE PROJECT OF THE CITY OF MIAMI, METROPOIITAN DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE, AUTHORIZING AND DIRECIINGTHE CITY/COUNTY/VILiAGE MANAGER TO MEET W1TfI REPRESENTATIVES OF THE OTHER GOVERNMENTAL AGENCIES TO INTIIATE IBIS PROJECT There was no action on the resolution. It was the consensus of the Council for the mayor to pursue discussions with City of Miami and county officials regarding the establishment of a youth center on Virginia Key Mortimer Fried, 291 Harbor Lane, and Richard Cifuentes, 14880 Southwest 158 Street, IVfiami, representing the Key Biscayne Music and Drama Club, addressed the Council 6 ORDINANCES The clerk read the following ordinance by title AN ORDINANCE OF THE MACE OF KEY BISCAYNE, HDRIDA, ADOPTING AMENDMENTS TO THE `VILiAGE OF KEY BISCAYNE MASTER PLAN PURSUANT TO THE PROVISIONS OF A S'I PUTATF.D SETIUMENT AGRIEEMElsIT BETWEEN TILE VILLAGE OF KEY BISCAYNE AND THE STATE OF FLORIDA DEPARIMENT OF COMMUNITY AFFAIRS, AUTHORIZING TRANS AND PROVIDING AN EFTECTIVE DATE The mayor opened the public hearing There were no speakers present Mayor Festa made a motion continuing the public hearing to the meeting of September 12 1995 The motion was seconded by Councilman O'Reilly 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 7 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE MACE AGE OF KEY BISCAYNE, LIORIDA, ESTABLISHING A CAPITAL IMPROVEMENT' FUND, PROVIDING FOR AN EFFECTIVE DATE. Page 2of 7 July 25, 1995 The manager and Finance Director Jack Neustadt made a beef presentation regarding the resolution Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime Resolution 95-26 was 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 clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A SOLID WASTE COLLECTION AND RECYCI NG FUND, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution. The motion was seconded by Vice Mayor Sime Resolution 95-27 was adopted by a voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPOINTING JOAN (III, BLANK AS THE VILLAGE'S LIAISON TO THE MIAMI CENTENNIAL '96 COMMITTEE, PROVIDING MR AN EFFECTIVE DATE Vice Mayor Sine made a motion adopting the resolution. The motion was seconded by Mayor Festa. Resolution 95-28 was adopted by a voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, Wald, Vice Mayor Sime, and Mayor Festa voting Yes 8 BUILDINGS ZONING AND PLANNING All witnesses giving testimony in the following zoning hearings were sworn in by the clerk. The following hearings were held by the Council Hearing Number 95 -0725 -VC -01 Ramiro and Mercedes Cardenal, 620 Harbor Circle, the applicants, requested a nonuse variance of ten feet base flood elevation requirement to permit a bathroom to remain at five feet seven inches Mean Sea Level below Base Floor Elevation in an existing house proposed to be substantially renovated. Page 3 of 7 July 25, 1995 Building, Zoning and Planning Director John Little stated his recommendation for approval of the application. Nazisa Given, 4515 Ponce De Leon Boulevard, Coral Gables, representing the applicant, addressed the Council The mayor opened the public heanng There were no speakers present Mayor Festa made a motion adopting staffs recommendation. The motion was seconded by Vice Mayor Sune 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 Hearing Number 95 -0725 -VC -02 The Ocean Club Limited Partnership, 750-775 Crandon Boulevard, the applicant, requested changes to the Development of Regional Impact (DRI) Development Order for the Key Biscayne Hotel and Villas project, a variance of height regulations to permit multi -family structures with heights of up to 201 feet, and a modification to previously approved zoning resolutions Director Little stated his recommendation for approval of the application subject to the following specified conditions • A height limit of seventy feet be unposed within the RU -4L portion of tract, • The plan be developed m accordance with the plans submitted and that the Village Council perform a subsequent design review followed by individual site review prior to penrutting, • That it be covenanted that beyond 2002 no further extensions be made, • That the applicant provide the build -out and landscaping for the proposed two acre park, that it be dedicated to the Village and be limited to Village residents and that the term of its use be changed from time to time based upon approval of the Village and the property owners association, • That the applicant agree to fund a "beach access promenade" within the nght-of-way immediately adjacent to the northern project limits, and Page 4 of 7 July 25, 1995 • That there be an emergency access lane along the southern property line John Hinson, 750 Crandon Boulevard, representing the applicant, addressed the Council and made a presentation regardmg the proposed Ocean Club project Mr Hinson introduced the following members of the Ocean Club project's development team John Temple, Evan Marks, Taft Bradshaw; Charles Sieger; Bill Tipton, Carter McDowell, Stanley Price, Tom Spayne, Cns Cobb, and Cris Blackman. Members of the development team participated m discussions with the Council At the request of Attorney Helfman, the record of the Council workshop meetmg of June 25, 1995 was mcorporated and made part of the record of this meetmg The following residents addressed the Council Wendy Wood, 275 Hampton Lane, Mike O'Brien, 8240 Southwest 63 Court, Miami, Mabel Betancourt, 250 Sunrise Drive, Zaida Vidal, 600 Grapetree Dnve, Bill Cole, 580 Femwood Road, Munel Curtis, 675 Curtiswood Drive, Bill Ofgant, 512 Femwood Road, Alan Ward, 470 Palmwood Lane, Sandra Goldstein, 611 Ocean Dnve, D R Curtis, 675 Curtiswood Drive, Mortuner Fried, 291 Harbor Court, Michael Kahn, 881 Ocean Drive, James Brewster, 500 North Mashta Drive, Peter Kory, 55 Ocean Lane Dnve, Cris Sager, 335 Harbor Dnve, Elsa Gutierrez, 6255 Southwest 128 Court, Nfiami, representing Northern Trust Bank, Judson Owens, 151 Crandon Boulevard, and Haydee Devaney, 881 Ocean Drive There was extensive Council discussion regarding the proposed project Mayor Festa made a motion extending the meeting until 1145 p m. The motion was seconded by Councilman Llorente 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 Councilman O'Reilly made a motion funding no substantial deviation 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 Sime, and Mayor Festa voting Yes Councilman O'Reilly made a motion granting special exception for site plan approval and Page 5 of 7 July 25, 1995 approving height variances subject to conditions specified by staffs recommendation. The motion was seconded by Councilman Wald Mayor Festa made a motion to table the item. The motion was seconded by Councilman Llorente After brief discussion, the motion was withdrawn. Mayor Festa made a motion extending the meeting until 100 a.m. The motion was seconded by Councilman Padovan and adopted by a 6 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Sullivan voted No Councilman O'Reilly moved the previous question which failed on a 4 - 3 vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, and Waid voting Yes Councilman Sullivan, Vice Mayor Sime and Mayor Festa voted No Mayor Festa made a motion to recess the hearing until July 27, 1995 The motion was seconded by Councilman Sullivan and adopted by a 4 - 3 vote The vote was as follows Councilmembers Llorente, Sullivan, Vice Mayor Sime, and Mayor Festa voting Yes Councilmembers O'Reilly, Padovan and Waid voted No The meeting was recessed at 100 a.m. Page 6 of 7 July 25, 1995 Approved thus 12 day of , 1995 IF A PERSON DECIDES' TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MA11E11 CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, KIR 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 7 of 7