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Home My Public Portal About10-25-94 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 25, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Vice Mayor Rasco at 7 00 p m Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime (arrived at 7 10 p m ), Raymond Sullivan (arrived after roll call), John Wald, Vice Mayor Joe Rasco, and Mayor John Festa (arrived at 7 35 p m ) Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 PLEDGE OF ALLEGIANCE: Vice Mayor Rasco led the Pledge 3 APPROVAL OF MINUTES: There were no minutes presented for the Council's consideration 4 AGENDA: Councilman Fried requested the addition of an item as Item 9-A-2 Councilman Llorente requested discussion regarding letter from John DelaFuente, dated October 25, 1994, as 9-A-3 Councilman Llorente also requested discussion of Item 10- A as Item 8-A-4 There were no objections to the agenda changes 5 SPECIAL PRESENTATIONS There were no special presentations scheduled 6 ORDINANCES: The 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 ENTITLED "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 CENTER SIGNS; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Vice Mayor Rasco opened the public hearing Tom O'Brien, 200 Ocean Lane Drive, addressed the Council Councilman Fried made a motion continuing the hearing to the meeting of November 15, Page 1 of 5 October 25, 1994 1994 The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes 7 RESOLUTIONS: There were no resolutions considered by the Council 8 BUILDING, ZONING AND PLANNING: The Council held the following hearings All persons giving testimony on zoning hearings were sworn in by the clerk Hearing Number 94 -1025 -VC -01 Mr and Mrs Raul Ravelo, the applicant, 298 West Mashta Drive, requested approval of a nonuse variance of fifteen (15') feet side street setback requirement to permit a side street setback of eleven feet and four inches (11'4") for a proposed new residence Building, Zoning and Planning Director John Little stated his recommendation for denial of the application Raul Ravelo, 298 West Mashta Drive, addressed the Council After brief discussion, Councilman Fried made a motion deferring the item to a future zoning hearing The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes Hearing Number 94 -1025 -SA -01 Key Biscayne Galeria, Inc , the applicant, 328 Crandon Boulevard, requested a multitenant sign graphics approval for shopping center Building, Zoning and Planning Director Little stated his recommendation for approval subject to specified conditions The vice mayor opened the public hearing Bill Ofgant, 512 Fernwood Road, addressed the Council Councilman Fried made a motion adopting staff's recommendation The motion was seconded by Councilman Sime After brief discussion, Councilman Sime amended the motion to defer the item to a future zoning hearing The motion was seconded by Councilman Waid and adopted by a 6 - 0 - 1 roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Vice Mayor Rasco voting Yes Mayor Festa was absent during the vote Page 2 of 5 October 25, 1994 Hearing Number 94 -1025 -VC -02 Nomar Investments, Inc , the applicant, 800 Crandon Boulevard, requested approval of a nonuse variance from present enclosed uses required by Section 33-244 of the (Dade County) zoning code to permit uses of outdoor display and storage of potted plants Building, Zoning and Planning Director Little stated his recommendation for denial of the application Phillip Newcomm, 200 Ocean Lane Drive, representing the applicant, addressed the Council Ramon Vidri, 151 Crandon Boulevard, the property owner, and Kim Taylor, 800 Crandon Boulevard, the tenant, also addressed the Council Vice Mayor Rasco opened the public hearing The following addressed the Council Ed Stone, 145 Hampton Lane, Lorraine Sonnabend, 330 Pacific Road, Bob Brooks, 95 West McIntyre Street, representing the chamber of commerce, Cliff Brody, 180 Harbor Drive, Bill Ofgant, 512 Fernwood Road, Camille Guething, 260 Seaview Drive, and Ana Gonzalez, 131 Island Drive Councilman Waid made a motion approving the request The motion was seconded by Councilman Sime and 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 At this time, the Council discussed the following ordinance AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-54 OF THE KEY BISCAYNE CODE; ESTABLISHING LOT ELEVATION CRITERIA, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE. John Rosser, 300 Redwood Lane, made a slide presentation to the Council regarding the ordinance Building, Zoning and Planning Director Little, Raul Lastra, the Village Planner, and Carlos Penin, the Village Engineer, discussed the proposed ordinance with the Council The following residents addressed the Council Kathy Slavens, 301 Palmwood Lane, Cliff Brody, 180 Harbor Drive, Bill Ofgant, 512 Fernwood Road, Martha Broucek, 170 Ocean Lane Drive, Eduardo Chamorro, 784 Woodcrest Road, Alan Ward, 470 Palmwood Lane, Edward Slavens, 301 Palmwood Lane, Jorge Mantilla, 465 Glenridge Road, and Garver Wilson, 609 Ocean Drive There was extensive Council discussion regarding the ordinance Page 3 of 5 October 25, 1994 Councilman Sime made a motion that the petitioners meet with staff and former members of the Zoning Code Review Committee and prepare a presentation for November 15th meeting The motion was seconded by Councilman Sullivan and 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 The Council discussed a letter from John Delafuente dated October 25, 1994, regarding the Building, Zoning and Planning Department The manager responded to Council inquiries Camille Guething, 260 Seaview Drive, addressed the Council The Council directed the attorney to review the matter and determine the authority of the manager over the building, zoning and planning director Mayor Festa made a motion extending the meeting until 11 15 p m The motion was seconded by Councilman Llorente and adopted by 4 unanimous consent 9 REPORTS AND RECOMMENDATIONS: The following reports were submitted Mayor and Councilmembers Councilman Sullivan gave an update on the school issue Martha Broucek, 170 Ocean Lane Drive, and Tony Camejo, 150 Crandon Boulevard, addressed the Council Village Attorney The attorney discussed the issue of casino gambling and its effect on the Village Charter provision prohibiting casino gambling within the Village Village Clerk The clerk did not submit a report Village Manager The manager submitted the following informational reports a letter from Craig Wingo, Federal Emergency Management Agency, regarding community disaster loan, dated October 12, 1994 and a memorandum from the police chief, regarding casino position paper on casino gambling, dated October 13, 1994 10 OTHER BUSINESS/GENERAL DISCUSSION: Vice Mayor Rasco addressed the Council and public as this being his last meeting as a member of the Council 11 SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and public 12 ADJOURNMENT: The meeting was adjourned at 11 25 p m Page 4 of 5 October 25, 1994 Approved this ism day of 1Q:)`-°"-k-Q-4 1994 lags Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAumit CONSIDERED AT A MEETING OR HEARING, BE/SHE WILL Z " A RECORD OF THE PROCEEDINGS AND, FOR SU ?H PURPOSE, MAY NEED TO IIJSURE THAT A VERBATIM RECORD OF 7'J PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDEbrE UPON WHICH THE APPEAL IS TO BE BASED. 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