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
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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
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