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Home My Public Portal About03-22-94 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 22, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMRERG : The meeting was called to order by Mayor Festa at 7 00 p m Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco (arrived at 7 10 p m ), and Mayor John Festa Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge 3 APPR 'VAL OF MINUTES: Councilman Fried made a motion approving the minutes of the workshop meeting of March 5, 1994, the minutes of the regular meeting of March 8, 1994, and the minutes of the special meeting of March 9, 1994, as submitted The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes 4 AGEEDA: Councilman Waid requested discussion regarding the county's proposed toll collection system for the Rickenbacker Causeway (Item 8-A-3) Councilman Sime stated that Tony Ojeda, an assistant county manager, was scheduled to make a presentation to the Local Planning Agency at 8 30 p m She requested that he be heard during the Council meeting upon his arrival (Item 8-A-4) Councilman Sullivan requested discussion regarding his meetings with members of the Dade County School Board (Item 8-A-5) Mayor Festa requested discussion of a proposed resolution regarding athletic fields at Bill Baggs Cape Florida State Recreation Area (Item 6 -A -B) Mayor Festa made a motion approving changes to the agenda The motion was seconded by Councilman Waid and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes 5 ORDINANCES: There were no ordinances considered by the Council Page 1 of 5 March 22, 1994 6 RESOLUTIONS: The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE FINANCIAL POLICY OF THE VILLAGE BY IMPOSING A LIMIT ON DEBT SERVICE OBLIGATIONS AUTHORIZED '10 BE INCURRED BY THE VILLAGE IN AN AMOUNT NOT TO EXCEED 15% OF ANNUAL EXPENDITURES; PROVIDING FOR AN EFFECTIVE DATE. The manager made a brief presentation Michael Kahn, 881 Ocean Drive, addressed the Council After extensive discussion, Councilman Llorente made a motion deferring the resolution to a time certain -- April 12, 1994 The motion was seconded by Councilman Fried and failed on a 2 - 5 roll call vote The vote was as follows Councilman Llorente and Vice Mayor Rasco voting Yes Councilmembers Fried, Sime, Sullivan, Waid, and Mayor Festa voted No Councilman Waid made a motion approving the resolution The motion was seconded by Councilman Llorente and failed on a 3 - 4 roll call vote The vote was as follows Councilmembers Llorente, Waid and Vice Mayor Rasco voting Yes Councilmembers Fried, Sime, Sullivan, and Mayor Festa voted No 7 ZONING HEARINGS: The following hearings were held Bearing Number 94 -3 -VC -2 200 Palms Corporation, the applicant, 200 Crandon Boulevard, requested a waiver of Ordinance 92-11 (Building Moratorium) to permit a mixed use development Building, Zoning and Planning Director John Little recommended approval of the request subject to conditions Maria Valls, 200 Crandon Boulevard, representing 200 Palms Corporation, made a presentation to the Council Mayor Festa opened the public hearing Conchita Suarez, 201 Crandon Boulevard, addressed the Council Councilman Fried made a motion waiving the building moratorium The motion was seconded by Councilman Llorente There was extensive discussion Mayor Festa offered an amendment limiting the waiving of the moratorium to a proposal substantially in the form as outlined in plans submitted to the Village and dated March 3, 1994 The amendment was seconded by Councilman Fried and failed on a unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voted No Vice Mayor Rasco made a motion deferring the Page 2 of 5 March 22, 1994 application to the meeting of April 26, 1994 The motion was seconded by Mayor Festa and adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Rasco, and Mayor Festa voting Yes Councilmembers Llorente and Waid voted No Nearing Number 94 -3 -VC -1 Red Dragon's Sands, Ltd , the applicant, 301 Ocean Drive, requested a waiver from Ordinance 92-11 (Building Moratorium) to permit construction of a proposed addition to an existing motel, a non-use variance of the Key Biscayne Beach Preservation Ordinance to permit expansion, approval to allow outdoor service bar to be constructed on roof of an existing restaurant, and approval of a monument sign Building, Zoning and Planning Director Little stated his recommendation for approval of the waiver of the building moratorium, denial of non-use variance from the beach preservation ordinance, approval of construction of service bar, and approval of the monument sign Carter McDowell, 100 Southeast 2 Street, Miami, representing the applicant, made a brief presentation to the Council Mayor Festa opened the public hearing The following residents addressed the Council Marie Kirk, 201 Crandon Boulevard, Ms Suarez, Jose Juara, 687 Harbor Lane, Michele Padovan, 425 Grapetree Drive, Mr Kahn, Randall Bass, 201 Galen Drive, Shirley Brill, 550 Ocean Drive, Rex Hamilton, 201 Crandon Boulevard, Tony Camejo, 151 Crandon Boulevard, Gonzalo Beracia, 235 Cranwood Drive, and Lorenzo Kelly, 240 Woodcrest Road Pepe Barasoain, 301 Ocean Drive, representing the Silver Sands Motel, also addressed the Council Councilman Sullivan made a motion waiving the building moratorium and approving the application as submitted The motion was seconded by Councilman Fried After further discussion, the motion was adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion to hear Item 8-A-4 at this time The motion was seconded by Vree Mayor Rasco and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Tony Ojeda, Dade's assistant county manager, and Chuck Pezolt, director of the county's parks and recreation department, addressed the Council regarding options available to the Village for athletic fields There was extensive discussion regarding the matter Page 3 of 5 March 22, 1994 Mayor Festa presented the following resolution for consideration by the Council A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE STATE OF FLORIDA TO TAKE APPROPRIATE ACTION IN ORDER TO PERMIT THE VILLAGE OF KEY BISCAYNE TO OPERATE, MAINTAIN AND USE PORTIONS OF BILL BAGGS, CAPE FLORIDA STATE RECREATIONAL AREA FOR PLAYING FACILITIES AND PROVIDING FOR AN r+rrrTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Vice Mayor Rasco Councilman Fried made a motion amending the resolution by inserting "and county officials" where appropriate The amendment was seconded by Mayor Festa and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Resolution 94-12, as amended, was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes 8 REPORTS AND RECOMMENDATIONS: The following reports were presented Mayor and Councilmembers Mayor Festa briefly reviewed the short term goals adopted by the Council at its workshop on February 22, 1994 Mayor Festa submitted for the Council's information a letter he received from Arthur Teele, chairman of the Metro -Dade County Commission, regarding the Pan-American Hemispheric Summit scheduled for December Councilman Sullivan reported that he met with Betsy Kaplan, chairman of the Dade County School Board, regarding construction at the elementary school There was extensive discussion regarding the issue It was the consent of the Council for Councilman Sullivan and the attorney to meet with representatives of the school system to further discuss the matter Mayor Festa made a motion extending the meeting to 11 30 p m The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Waid requested that the Village send a letter to the county expressing discontent with the proposed computerized Page 4 of 5 March 22, 1994 collection system for the Rickenbacker Causeway Toll Plaza Mr Camejo addressed the Council It was the consent of the Council for the attorney to prepare said letter Village Attorney The attorney did not submit a report Village Clerk The clerk did not submit a report Village Manager The manager requested a meeting to discuss the tentative stormwater capital improvement schedule and a meeting to discuss streetscape alternatives Vice Mayor Rasco made a motion calling a special meeting for April 19, 1994 to discuss the above referenced matters The motion was seconded by Mayor Festa and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Same, Sullivan, Wald, Vice Mayor Rasco, and Mayor Festa voting Yes The manager submitted the following information reports a letter from Village Engineer, regarding the Silver Sands Motel's sanitary sewer force main, dated February 21, 1994, a letter from Jeffrey Bunting, Metro -Dade Aviation Department, regarding aircraft noise, dated March 1, 1994, a fax from the Save Calusa Park Committee, regarding Calusa Park, dated March 4, 1994, a letter from C A P Engineering, regarding the Silver Sands Motel's sanitary sewer force main, dated March 14, 1994, and a letter from O'Leary Design and Associated, regarding the street tree planting plan, dated March 14, 1994 9 OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed 10 SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public 11 ADJOURNMENT The meeting was adjourned at 11 25 p m Approved this 12,44 day of r ' ` , 1994 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TTY VILLAGE COUNCIL WITH RESPECT TO ANY MATTAR 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 5 of 5