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Home My Public Portal About09-28-93 2nd Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 28, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Conte at 7 00 p m Present were Councilmembers Mortimer Fried, Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody (arrived at 7 45 p m ), and Mayor Rafael Conte Councilmembers Michael Hill and Joe Rasco were absent Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, and Village Attorney Steve Helfman 2 & 3 INVOCATION & PLEDGE OF ALLEGIANCE The invocation and Pledge of Allegiance were heard during a special meeting held at 6 30 p m 4 APPROVAL OF MINUTES Councilman Fried requested deferral of this item due to the fact that, of the four members present, two were not present at the meetings held on September 14, 1993 Councilman Sime made a motion to defer the item The motion was seconded by Councilman Sullivan and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes 5 AGENDA There were no changes made to the agenda 6 PUBLIC COMMENTS Conchita Suarez, 201 Crandon Boulevard, addressed the Council regarding several beach related issues 7 SPECIAL PRESENTATION Mr Robert Nachlinger, President of the Dade and Broward County Government Finance Officers Association, presented the Village and Finance Director Jack Neustadt with the "Award of Excellence in Financial Reporting " 8 ORDINANCES Mayor Conte read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE 93-11, RELATING TO THE VILLAGE STORMWATER UTILITY SYSTEM, PROVIDING FOR BILLING OF STORMWATER UTILITY FEES, AUTHORIZING MIAMI-DADE WATER AND SEWER AUTHORITY TO ACT AS BILLING AND COLLECTION AGENT FOR THE VILLAGE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE 1 of 6 September 28, 1993 Attorney Weiss advised the Council that this was a technical amendment to the stormwater utility ordinance Councilman Fried made a motion adopting the ordinance The motion was seconded by Councilman Sime and adopted by a 4 - 0 roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes Clerk Inguanzo announced that the second hearing of the ordinance will be held on October 12, 1993, at 7 00 p m Mayor Conte read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE OFFICIAL SEAL OF THE VILLAGE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE The mayor opened the public hearing There were no speakers present Councilman Sime made a motion adopting the ordinance The motion was seconded by Councilman Sullivan and adopted by a 4 - 0 roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes The mayor read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE, PROVIDING FOR DEFINITIONS, ESTABLISHING PROHIBITED ACTS, REQUIRING PERMITS FOR SPECIAL EVENTS, PROVIDING FOR EXEMPTIONS, PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Conte opened the public hearing Pete Peterson, 201 Crandon Boulevard, spoke in support of the ordinance Councilman Sime made a motion adopting the ordinance The motion was seconded by Councilman Fried and adopted by a 4 - 0 roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes 9 BUILDING AND ZONING The following hearings were held Hearing Number 93 -9 -SA -1 Key Biscayne Joint Venture, the applicant, 600 Crandon Boulevard, requested approval of a multi - tenant sign 2 of 6 September 28, 1993 Community Development Director Robin Sobrino stated her recommendation for approval of the signage as requested Antonio Fraga, 140 Solano Prado, owner of the Key Biscayne Shopping Center, briefly addressed the Council Councilman Fried made a motion approving the application The motion was seconded by Councilman Sime and adopted by a 4 - 0 roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes Hearing Number 93 -9 -VC -3 Anthony F Greco and Joann Greco, the applicant, 530 Crandon Boulevard, requested the following a waiver of Ordinance 92-11, a non-use variance of setback requirements, a non-use variance of spacing requirements, a non- use variance of sign regulations, and a non-use variance of landscaped open space requirements Community Development Director Sabrina made a brief presentation and recommendation Councilman Sime made a motion waiving the building moratorium The motion was seconded by Councilman Sullivan and adopted by a 4 - 0 roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes Mack Melvin, 701 Brickell Avenue, representing the applicant, addressed the Council in support of the application George Peon, 782 Northwest 42 Avenue, Miami, also representing the applicant as the architect on the project, addressed the Council The mayor opened the public hearing Martha Broucek, 170 Ocean Lane Drive, and Allan Tellison, 400 Woodcrest Road, addressed the Council Councilman Fried made a motion adopting staff's recommendation The motion was seconded by Councilman Sullivan After brief discussion, the motion was adopted by a 4 - 0 roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, and Mayor Conte voting Yes Attorney Weiss advised Vice Mayor Brody that, due to the quasi-judicial nature of the hearing, and his late arrival, that he not vote on this item Hearing Number 93 -9 -VC -4 VMLF II Key Biscayne Hotel Corp and VMLP III Key Biscayne Villas, Ltd, the applicant, requested modification of the development order for the property located between Crandon Boulevard and the Atlantic Ocean and from East Enid Drive to Seaview Drive 3 of 6 September 28, 1993 Community Development Director Sobrino discussed the application and made her recommendation Jeff Bercow, 200 South Biscayne Boulevard, Miami, representing the applicant, addressed the Council At the request of the applicant, Vice Mayor Brody made a motion withdrawing items 11, 17 and 25 The motion was seconded by Mayor Conte and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Also at the request of the applicant, Vice Mayor Brody made a motion withdrawing item 10 The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The mayor opened the public hearing regarding the substantial deviation issue of the application There were no speakers present to discuss that issue Vice Mayor Brody made a motion finding that the project is not a substantial deviation from the previously approved project The motion was seconded by Councilman Sime and adopted by a 5 - 0 roll call vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The following representatives of the applicant addressed the Council Eric Nesse, Key Biscayne Hotel and Villas, Walt Reverson, Banyan Management Corp , Ramon Alvarez, David Plummer and Associates, and Len Levine, of Banyan Management Corp Community Development Director Sobrino and Attorney Helfman elaborated on the recommendations by staff regarding this application Mayor Conte opened the public hearing The following citizens addressed the Council Shirley Brill, 550 Ocean Drive, Gene Stearns, 180 Cape Florida Drive, Martha Broucek, 170 Ocean Lane Drive, Michael Cahn, 881 Ocean Drive, Ingrid Herves, 250 Galen Drive, Tony Pelle, 249 East Enid Drive, Melvin Fletcher, 215 East Enid Drive, Jon Grossman, 375 Hampton Lane, Pete Peterson, 201 Crandon Boulevard, Mary Wills, 210 Seaview Drive, Kip Koss, 881 Ocean Drive, Bob Kirkman, 600 Grapetree Drive, Mary Schulman, 1121 Crandon Boulevard, John Stadler, 2910 Lucaya Street, Coconut Grove, Camille Guething, 260 Seaview Drive, Steven Sonnaband, 330 Pacific Road, Eliott Tyler, 615 Ocean Drive, and Robert Swarthout, the Village's Master Plan consultant 4 of 6 September 28, 1993 After the public hearing, the applicant called the following witnesses to give further testimony on their behalf Richard Lamondan, 4000 Island Boulevard, North Miami, Lou Goukin, 181 Crandon Boulevard, and Ken Harms, 6701 Sunset Drive, Miami Mr Nesse and Mr Bercow further addressed the Council Mr Bercow offered to provide limited access through the project for pedestrian and bicycles, for Key Biscayne residents only, as well as the deeding of specified land to the Village for public use Vice Mayor Brody discussed the issue of private streets versus public streets within the development Councilman Sullivan briefly discussed the height issue and impact At this point, Mr Bercow requested that the application be withdrawn Councilman Fried made a motion for the application to be withdrawn without prejudice The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte 10 REPORTS AND RECOMMENDATIONS The following were submitted for the Council's review and consideration Village Attorney Attorney Weiss gave an update on the illegal wall at 714 Fernwood Road The attorney also reported that he has contacted Claytech regarding the replacement of the tennis court at Calusa Park Village Clerk The clerk did not submit a report Village Manager The manager gave a brief presentation regarding the stormwater master plan Councilman Sullivan made a motion to authorize the manager to proceed with phase two of the stormwater master plan The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes After brief discussion, Councilman Fried made a motion to award the Neighborhood Public Landscaping Plan contract to Vila and Son Landscaping Corporation at a cost not to exceed $159,500 00 The cost is to include inspection services for the various neighborhood projects to be funded as part of the beautification program The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 5 of 6 September 28, 1993 The manager gave an update on the progress of the Village's Fire Rescue Department The Council discussed a proposed transport fee and agreed to further review said fee at a later date The manager submitted the following informational reports for the Council's review a letter from M F Montes, Metro -Dade Deputy Fire Chief, regarding fire service, dated September 2, 1993, letter from Joaquin Avino, Metro -Dade County Manager, regarding the west wellfield, dated September 20, 1993, and a letter from Deborah Higer, Metro -Dade Solid Waste Department, regarding proposed ordinance to create special district, dated September 21, 1993 11 RESOLUTIONS Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A DENTAL PLAN FOR VILLAGE EMPLOYEES, AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE ALL THE NECESSARY AGREEMENTS, PROVIDING FOR AN EFFECTIVE DATE Councilman Fried made a motion adopting the resolution The motion was seconded by Mayor Conte and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 12 COMMITTEES There were no committee reports submitted for the Council's review 13 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed by the Council 14 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 15 ADJOURNMENT The meeting was adjourned at 12 00 midnight Approved this 12TH day of October, 1993 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER 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 6 of 6