Loading...
HomeMy Public PortalAbout11-15-94 Regular Council Meeting.tifM I NUT E S VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 15, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR At 5 30 p m , Councilman -Elect Hugh O'Reilly, Councilman -elect Michele Padovan and Councilman Betty Sime, elected in the regular municipal election held on November 8, 1994, were sworn in by Judge Linda Dakis 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, Betty Sime, Raymond Sullivan, John Waid, and Mayor John Festa Also present were Village Manager Sam Kissinger, Village Attorney Richard Weiss and Finance Director Jack Neustadt (serving as acting village clerk) 2 INVOCATION: Attorney Weiss gave an invocation 3 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge 4 APPROVAL OF MINUTES: Councilman Sullivan made a motion approving the minutes of the meeting of October 11, 1994, the continuation meeting of October 18, 1994, and the special meeting of October 25, 1994 The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes 5 AGENDA- Mayor Festa requested the addition of discussion regarding construction at the Grand Bay (Sheraton) site There were no objections 6 SPECIAL PRESENTATIONS: A special presentation by Jeffrey Bunting, of the Metro -Dade Aviation Department, regarding air noise, was deferred to a future meeting 7 PUBLIC COMMENTS: Martha Broucek, 170 Ocean Lane Drive, addressed the Council regarding the recent municipal elections 8 ORDINANCES: The acting clerk read the following ordinance, on first reading, by title Page 1 of 10 November 15, 1994 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-23 AND ADDING SECTION 30-24 TO THE CODE OF KEY BISCAYNE; ESTABLISHING AN ADMINISTRATIVE REVIEW AN APPROVAL PROCESS FOR CERTAIN NON-USE VARIANCES; PROVIDING FOR LIMITATIONS; PROVIDING FOR FINDINGS; PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Building, Zoning and Planning Director John Little answered Council inquiries The mayor opened a public hearing There were no speakers present After extensive discussion, Mayor Festa made a motion tabling the ordinance until the meeting of December 13, 1994 The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes The acting clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING A NEW CHAPTER ENTITLED "FILMING"; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT AND PERMIT FEE; PROVIDING FOR LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING PERMITS; PROVIDING FOR AN APPEAL PROCEDURE, PROVIDING FOR EXEMPTIONS; PROVIDING PITIES; PROVIDING FOR SEVERABILITY, 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 Sime Councilman Sime offered an amendment striking section 3 3 3 The motion was seconded by Councilman Waid and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes Councilman Llorente voted No Councilman O'Reilly made a motion inserting a section 7 3 with Page 2 of 10 November 15, 1994 the language "indoor motion picture studios" 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, Sime, Sullivan, Waid, and Mayor Festa voting Yes Mayor Festa offered an amendment to section 3 2 5 by requiring a parking plan and section 3 2 6 by requiring a site plan of the filming location 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, Sime, Sullivan, Waid, and Mayor Festa voting Yes Councilman Llorente offered an amendment limiting filming events to two per year per location The motion was seconded by Councilman Sullivan and adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Sullivan voting Yes Councilman Waid and Mayor Festa voted No Councilman Llorente made a motion amending section 3 3 2 by striking "11 00 p m to 7 00 a m " and inserting "9 00 p m to 9 00 a m " The motion died due to lack of a second Councilman Sullivan offered an amendment requiring that a $5000 00 cash bond be posted by filming companies as part of the application process The motion was seconded by Councilman O'Reilly and adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Councilman Waid voted No The amended ordinance was adopted on second reading by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes The acting clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES ENTITLES "SIGNS" BY AMENDING SECTIONS 28-2, 28-3, 28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28-11, 28-12, AND 28-13 OF THE CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS; PROVIDING FOR SIGNAGE OF GASOLINE STATION PARCELS; ALLOWING REAL ESTATE OPEN HOUSE SIGNS IN THE VILLAGE, REQUIRING VILLAGE COUNCIL APPROVAL FOR MULTITEMANT CATER SIGNS, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Page 3 of 10 November 15, 1994 Mayor Festa opened the public hearing Timothy Stickney, 285 Woodcrest Road, representing the Key Biscayne Chamber of Commerce, addressed the Council Mayor Festa made a motion adopting the ordinance The motion was seconded by Councilman Llorente Councilman Padovan offered an amendment to section 4 by striking "25 units" and inserting "5 units" 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, Sime, Sullivan, Waid, and Mayor Festa voting Yes Councilman Padovan offered an amendment to section 6 8 to include "Wednesday" The motion was seconded by Councilman Waid and failed on a 3 - 4 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan and Waid voting Yes Councilmembers Llorente, Sime, Sullivan, and Mayor Festa voted No Mayor Festa made a motion amending section 5 by striking "150 feet" and inserting "at least 100 feet" The motion was seconded by Councilman Waid and adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes Councilmembers Sime and Sullivan voted No Councilman Sullivan offered an amendment to section 5 requiring Council approval of monument signs The motion was seconded by Councilman Sime and adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Llorente, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Councilmembers O'Reilly and Waid voted No The amended ordinance was adopted by a unanimous roll call vote the vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes 9 RESOLUTIONS: The acting clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING OPERATING PROCEDURES FOR COORDINATION OF HUMANITARIAN EFFORTS, ON BEHALF ALF OF THE VILLAGE, IN CASES OF NATURAL DISASTERS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Waid Resolution 94-40 was adopted by Page 4 of 10 November 15, 1994 a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes The acting clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, FOR STORMWATER RETROFIT PROJECT (CONTRACT NO. C-6109); PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sime Resolution 94-41 was adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes The acting clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, ON BEHALF OF THE VILLAGE, WITH METROPOLITAN DADE COUNTY TO RECEIVE AN ELEMENTARY SCHOOL DRUG ABUSE RESISTANCE (D.A.R.E) PROGRAM GRANT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sime Resolution 94-42 was adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes The acting clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING VILA AND SON LANDSCAPING CORPORATION FOR THEIR DONATION OF GOODS AND SERVICES CONTRIBUTING TOWARDS THE BEAUTIFICATION OF LIBRARY GROUNDS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Waid Resolution 94-43 was adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes 10 BUILDING, ZONING AND PLANNING. The following hearings were held Page 5 of 10 November 15, 1994 Hearing Number 94 -1115 -VC -1 Village of Key Biscayne, the applicant, requested the use as a governmental facility, to wit, a public park, playgrounds and associated structures, for the vacant parcel of land, commonly referred to as the Village Green, located between Crandon Boulevard on the east, Fernwood Road on the west, and north of West McIntyre Street Building, Zoning and Planning Director Little discussed the procedure for designating the Village Green for use as a park The mayor opened the public hearing Tim Stickney, 285 Woodcrest Road, and Kathy Slavens, 301 Palmwood Lane, addressed the Council Mayor Festa made a motion approving the application and adopting the following resolution A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PURSUANT TO SECTION 33-303 OF THE CODE OF METROPOLITAN DADE COUNTY, AS MADE APPLICABLE TO THE VILLAGE, APPROVING PUBLIC PARK USE FOR THE APPROXIMATELY NINE ACRE "VILLAGE GREEN" PARCEL OF LAND LOCATED ALONG THE EAST SIDE OF CRANDON BOULEVARD; PROVIDING FOR FINDINGS AND AN EFFECTIVE DATE. The Festa motion was seconded by Councilman Sime Councilman O'Reilly made a motion amending section 2 as follows "The property is approved for park and playground purposes only, and only buildings and structures supplementary and incidental to such uses " The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes Resolution 94-44, as amended, was adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes Hearing Number 94 -1025 -VC -01 At the request of the applicant, Mr and Mrs Raul Ravelo, 298 West Mashta Drive, the application was withdrawn Mayor Festa made a motion withdrawing the application The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes Hearing Number 94 -1025 -SA -01 Key Biscayne Galeria, Inc , the Page 6 of 10 November 15, 1994 applicant, 328 Crandon Boulevard, requested approval of a multi - tenant sign graphics approval for shopping center Building, Zoning and Planning Director Little stated his recommendation for approval Mayor Festa opened the public hearing Maria Larea, representing the applicant, 202 Sunrise Drive, addressed the Council Councilman Sime made a motion approving the application The motion was seconded by Councilman Llorente and adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes 11 REPORTS AND RECOMMENDATIONS- The following items were discussed Mayor and Councilmembers The mayor discussed the issue of bus routes in the Village Guy Smith, 701 Fernwood Road, discussed the issue with the Council The following residents addressed the Council Henny Becker, 290 West Mashta Drive, Sam Davidian, 720 Myrtlewood Lane, and Martha Broucek, 170 Ocean Lane Drive The Council discussed a request by the Island Garden Club for a grant Jane Smith, representing the club, 350 West Enid Drive, addressed the Council Councilman Llorente made a motion approving a grant in the amount of $8,580 00 The motion was seconded by Councilman Sime Sam Davidian, 720 Myrtlewood Lane, addressed the Council The Llorente motion was adopted by a 4 - 2 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Sime, and Sullivan voting Yes Councilman Waid and Mayor Festa voted No Councilman Padovan abstained due to a conflict of interest The Council discussed the creation of an Occupational License Equity Study Committee The mayor, with the consent of the Council, appointed Jeff Krell, Mary Schulman, Robert Brooks, Tim Stickney, and Camille Guething to serve on the committee The Council scheduled a workshop meeting for November 29, 1994, at 6 00 p m , to discuss the capital improvement budget The Council discussed issues relating to the elementary school A video tape of the Dade County School Board meeting of November 2, 1994, at which the School Advisory Committee made a presentation, was played for the benefit of the audience The following residents addressed the Council Martha Broucek, 170 Page 7 of 10 November 15, 1994 Ocean Lane Drive, Tony Camejo, 150 Crandon Boulevard, Kathy Slavens, 300 Palmwood Lane, John Rosser, 300 Redwood Lane, and Davidian, 720 Myrtlewood Lane After extensive discussion, Mayor Festa made a motion that the Village remain involved in the elementary school issue by committing staff resources to further study the matter The motion was seconded by Councilman Padovan Councilman Sime offered an amendment that the Village's efforts be limited towards construction of a new elementary school The motion was seconded by Mayor Festa The amendment was adopted by a unanimous roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes The amended Festa motion failed on a 3 - 4 roll call vote The vote was as follows Councilmembers Llorente, Sime and Mayor Festa voting Yes Councilmembers O'Reilly, Padovan, Sullivan, and Waid voted No At this time, due to the late hour, several items were taken out of order The Council discussed the manager's proposed lure brochure Mayor Festa made a motion awarding a bid to Haff-Daugherty Graphics for the printing of the brochure The motion was seconded by Councilman Waid and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes Mayor Festa made a motion to reject all bids received in response to the Village's request for bids for the Holiday Colony and Ocean Lane and Sunrise Drives stormwater utility project The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, Waid, and Mayor Festa voting Yes Mayor Festa made a motion to continue the meeting until 12 30 a m The motion was seconded by Councilman Llorente and adopted by a 4 - 3 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Sullivan, and Mayor Festa voting Yes Councilmembers Padovan, Sime, and Waid voted No The Council discussed the L'Esplanade property and concerns of area residents Camille Guething, 210 Seaview Drive, and John Haines, 210 Seaview Drive, addressed the Council The manager, attorney and building, zoning and planning director participated in discussions with the Council The Council discussed the clerk's certificate of sufficiency for Page 8 of 10 November 15, 1994 the Ordinance 94-2 Committee's initiative petition proposing an amendment to the Village's zoning code Councilman O'Reilly made a motion directing that the committee's ordinance be scheduled for first reading at the Council's next meeting The motion was seconded by Councilman Sime and adopted by a 6 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Councilman Waid voted No John Rosser, 300 Redwood Lane, addressed the Council Councilman Llorente nominated Councilman Sime to serve as vice mayor Councilman O'Reilly nominated Councilman Waid Councilman Sime was elected vice mayor on a 5 - 2 ballot count The vote was as follows Councilmembers Llorente, Padovan, Sime, Sullivan, and Mayor Festa voted for Sime Councilmembers O'Reilly and Waid voted for Waid Mayor Festa made a motion accepting the clerk's certification of the election results of the regular municipal election held on November 8, 1994 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 The meeting was continued until Thursday, November 17, 1994, 7 00 P m The manager submitted the following informational items monthly departmental reports, a memorandum from the fire rescue chief, regarding house numbers, dated October 18, 1994, a letter from the Village Attorney, regarding constitutional amendment petition proposition for limited casinos, dated October 24, 1994, a letter to the code enforcement officer, from Brian Flynn, Metro - Dade Department of Environmental Resources Management, regarding removal of derelict groins, dated November 1, 1994, a letter from Doug Weiser, Grand Bay Resort and Residences, regarding $250,000 00 rendered pursuant to tract review approval, dated November 1, 1994, a memorandum from the economic development director, regarding summary of Metro -Dade Cultural Affairs Council capital development grant, dated November 2, 1994, an article from the New York Times, regarding the Banyan property, dated November 2, 1994, a letter from Cynthia Cutler, Key Biscayne Chamber of Commerce, regarding Christmas fair, dated November 8, 1994, and a letter from Cynthia Cutler, Key Biscayne Chamber of Commerce, regarding annual tree lighting ceremony, dated November 9, 1994 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed Page 9 of 10 November 15, 1994 13 SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public 14 ADJOURNMENT: The meeting was adjourned at 12 30 a m Approved this t day of D' C t2_,X2 ( PPm ` Vi ge Cl irk Mayor 1994 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAbrir.,X COKSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUM' 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 10 of 10