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HomeMy Public PortalAbout12-13-94 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 13, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7 05 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, John Waid, Vice Mayor Betty Sime (arrived at 7 10 p m ), and Mayor John Festa Councilman Raymond Sullivan was absent Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 INVOCATION Attorney Weiss gave an invocation 3 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge 4 APPROVAL OF MINUTES. Councilman Waid made a motion approving the minutes of the regular meeting of November 15, 1994, and the minutes of the continuation meeting of November 17, 1994 The motion was seconded by Councilman Llorente and adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes 5 AGENDA. Councilman Waid requested the addition of discussion regarding the Village's financial statement Councilman Padovan requested the addition of discussion regarding construction at the Grand Bay site There were no objections to the agenda changes At this time, Santa Claus addressed the Council and public and expressed his best wishes for a happy holiday season 6 SPECIAL PRESENTATIONS. The mayor presented a copy of Resolution 94-43 to Espy Suarez, representing Vila and Son Landscaping Corporation, in recognition of the company's contributions towards the beautification of the library grounds The mayor presented proclamations to former councilmembers Mortimer Fried and Joe I Rasco in recognition of their civic and community involvement as members of the founding Council of the Village 7 PUBLIC COMMENTS. The following residents addressed the Council regarding the on -going weekend work and noise problem at the Grand Bay site Larry Garfield, 550 Ocean Drive, Robert Page 1 of 5 December 13, 1994 Oldakowski, 550 Ocean Drive, Shirley Brill, 550 Ocean Drive, Sheila Rench, 550 Ocean Drive, Bill Ofgant, 512 Fernwood Road, Kathleen Secares, 392 Redwood Lane, and Tim O'Neill, 759 Fernwood Road John Little, building, zoning and planning director, addressed the Council regarding the resident's concerns Councilman Padovan made a motion directing the Building, Zoning and Planning Department to draft a conceptual ordinance addressing construction noise issues The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes 8 ORDINANCES: The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-24 TO THE CODE OF KEY BISCAYNE; ESTABLISHING AN ADMINISTRATIVE REVIEW AND APPROVAL PROCESS FOR CERTAIN NON-USE VARIANCES; PROVIDING FOR LIMITATIONS; PROVIDING FOR FINDINGS; PROVIDING FOR AN APPEALS PROCESS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Festa opened a public hearing The following residents addressed the Council John Rosser, 300 Redwood Lane, Cliff Brody, 180 Harbor Drive, and Joe Rasco, 310 West Heather Drive Building, Zoning and Planning Director Little addressed Council inquiries Mayor Festa made a motion adopting the ordinance on first reading The motion was seconded by Councilman Waid Councilman O'Reilly made a motion amending Section 2(a)(1) by striking "below twenty-five (25)" and inserting "by more than ten (10)" The motion was seconded by Councilman Waid and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Mayor Festa made a motion deleting Section 2(a)(2) The motion was seconded by Vice Mayor Sime Councilman O'Reilly made a motion amending the mayor's motion by striking "ten (10)" and inserting five (5)" The motion was seconded by Councilman Waid and failed on a 3 - 3 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly and Waid voting Yes Councilman Padovan, Vice Mayor Sime, and Mayor Festa voted No Page 2 of 5 December 13, 1994 The Festa amendment failed on a 3 - 3 roll call vote The vote was as follows Councilman Padovan, Vice Mayor Sime and Mayor Festa voting Yes Councilmembers Llorente, O'Reilly and Waid voted No Councilman Waid made a motion amending Section 2(a)(4) by striking "but in no event shall the height be increased more than six (6) feet" The motion was seconded by Councilman Llorente and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Mayor Festa made a motion deleting Section 2(a)(5) The motion was seconded by Vice Mayor Sime and adopted by a 4 - 2 roll call vote The vote was as follows Councilmembers O'Reilly, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Councilmembers Llorente and Padovan voted No Councilman Llorente called the question Mayor Festa objected The ordinance, as amended, on first reading, was adopted by a 5 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, and Mayor Festa voting Yes Vice Mayor Sime voted No The clerk announced the second reading of the ordinance for Tuesday, January 10, 1995, at 7 00 p m The clerk read the following ordinance, on first reading, by title 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. Building, Zoning and Planning Director Little gave a staff report Mayor Festa opened the public hearing The following residents addressed the Council John Rosser, 300 Redwood Lane, Cliff Brody, 180 Harbor Drive, Henny Becker, 290 West Mashta Drive, Eduardo Chamorro, 784 Woodcrest Road, Michael Henderson, 482 Hampton Lane, Linda Davidian, 720 Myrtlewood Lane, Stefanie Brown, 452 Glenridge Road, and Joe Rasco, 310 West Heather Drive Page 3 of 5 December 13, 1994 Vice Mayor Sime made a motion adopting the ordinance, on first reading, subject to the following recommendation of the Building, Zoning and Planning Department where required, septic tanks be permitted without the need of a variance The motion was seconded by Councilman O'Reilly and adopted by a 4 - 2 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, and Vice Mayor Sime voting Yes Councilman Waid and Mayor Festa voted No The clerk announced the second reading of the ordinance for Thursday, December 22, 1994, at 7 00 p m Councilman Llorente made a motion to adjourn The motion was seconded by Councilman O'Reilly and failed on a 2 - 4 voice vote The vote was as follows Councilmembers Llorente and Waid voting Yes Councilmembers O'Reilly, Padovan, Vice Mayor Sime and Mayor Festa voted No Mayor Festa made a motion to extend the meeting until 11 20 p m The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Llorente made a motion authorizing the purchase of police replacement vehicles The motion was seconded by Councilman Padovan and adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Vice Mayor Sime, and Mayor Festa voting Yes Councilman Waid voted No Raul Lastra, the Village planner, addressed the Council regarding the Village Green project and recommended additional pavers for the promenade at a cost of $33,345 00 Councilman Llorente made a motion adopting staff's recommendation The motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Waid, Vice Mayor Sime, Mayor Festa voting Yes The manager submitted the following informational items to the Council monthly departmental reports, a letter to Kathryn O'Leary, O'Leary Design Associates, from Esperanza Suarez, Vila and Son Landscaping Corporation, regarding Crandon Boulevard maintenance period, dated November 5, 1994, a memorandum from the Economic Development Director, to the manager, regarding status of local organization's grant applications, dated November 15, 1994, a letter to the mayor, from County Commissioner Arthur Teele, regarding 1998 Sister Cities convention, dated November Page 4 of 5 December 13, 1994 15, 1994, a memorandum from the Fire Rescue Chief, to the manager, regarding Lieutenant vacancy, dated November 16, 1994, a letter from Jim Brewster, Key Biscayne Lighthouse Run and Walk, to the manager, regarding Lauren Matthews, dated November 20, 1994, a letter to Bill Agee, Federal Communications Commission, from John Glicksman, Adelphia Cable Communications, regarding Adelphia Cable Partners, dated November 22, 1994, a letter from A J Salem, U S Army Corp of Engineers, regarding beach nourishment, dated November 22, 1994, a memorandum from the manager, to the Village Council, regarding correspondence concerning Tropical Storm Gordon, dated November 28, 1994, a letter from Jose I Rascal III, village resident, to the manager, regarding the Village Green, dated November 30, 1994, a notice of hearing, in the case of the Department of Community Affairs vs Village of Key Biscayne, regarding comprehensive plan, dated December 1, 1994, a copy of the sidewalk and landscaping construction program dated December 6, 1994, and a copy of the capital improvement program The meeting was recessed until 5 00 p m on Thursday, December 22, 1994 Approved this O day of a ti , 1995 • Vi 1 ge C1 letz Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION 1'DE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY 1_11 Rt CONSIDERED AT A ME2frING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF 770 PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TD BE BASED Page 5 of 5