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HomeMy Public PortalAbout07-10-01 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 10, 2001 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:06 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Robert Oldakowski, James L. Peters, Vice Mayor Mortimer Fried and Mayor Joe I. Rasco. Councilmember Alan H. Fein was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney David M. Wolpin. 2. INVOCATION: Councilmember Peters gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. At this time Mayor Rasco requested to hear the zoning matters. There was no objection to the agenda change. 4. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearings were sworn in by the Clerk Hearing NumbetSP-03. Key Biscayne Shopping Center Joint Venture, 24 West Enid Drive, the applicant is requesting approval of a site plan relating to the construction of an office building (existing office building will be demolished). Bob de la Fuente, attorney with Tew Cardenas Rebak Kellogg Lehman DeMaria Tague Raymond & Levine, L.L.P., representing the applicant, requested deferral of this request to the August 28, 2001 Council Meeting. The Mayor closed the public hearing. 1 of 10 July 10, 2001 Councilmember Broucek made a motion to continue this variance request to the August 28, 2001 Council Meeting. The motion was seconded by Councilmember Peters and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Hearing Number RV -04. St. Michael Property Holdings, Inc., 100 Crandon Boulevard, the applicant is requesting approval of a variance for the construction of a bank building. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval subject to the following conditions: 1.) A unity of title for property at 100 and 104 Crandon Boulevard shall be recorded in the public records prior to the issuance of the building permit; 2.) The applicant shall construct the following improvements in the public right of way consistent with Village's specifications: a 10 ft. Wide (minimum) decorative sidewalk, curbing, and irrigation of the swale. These improvements shall be constructed prior to the issuance of any Certificate of Occupancy and included in the plans for a building permit. No building permit shall be issued until the Village and other regulatory agencies approve the plans showing these improvements; 3.) That the Building, Zoning and Planning Director is authorized to approve minor modifications to the plans when it is determined by the Director that such modifications are in substantial conformance with the plans as approved by Council; 4.) A detailed landscape plan shall be submitted with the building permit application. A building permit shall not be issued until the Building, Zoning and Planning Department approves the landscape plan. A Certificate of Occupancy shall not be issued until the landscaping has been installed and approved by the Department; 5.) Signage on the building is limited to the business that occupies the largest amount of floor area. Secondary signage is permitted through a directory sign on exterior of the building. The size of the directory sign shall conform with the Zoning and Land Development Regulations and 6.) This resolution shall be recorded in the public records of Miami -Dade County prior to the issuance of a building permit. The Attorney addressed the Council regarding this application. The Mayor opened the public hearing. Paul R. Auchter, attorney with Allen and Galego, representing the applicant; Luis Jauregui, architect for the project; Camille Guething, 260 Seaview-Drive and James Pilafian, 180 Crandon Boulevard addressed the Council. The Mayor closed the public hearing. Councilmember Broucek made a motion to approve the variance with the above recommendations. The motion was seconded by Councilmember Oldakowski and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 2of10 July 10, 2001 Hearing Number SP -04. St. Michael Property Holdings, Inc., 100 Crandon Boulevard, the applicant is requesting approval of a site plan for the construction of a bank building. Director Kurlanchek addressed the Council stating his recommendation of approval subject to the following conditions: 1.) A unity of title for property at 100 and 104 Crandon Boulevard shall be recorded in the public records prior to the issuance of the building permit; 2.) The applicant shall construct the following improvements in the public right of way consistent with Village's specifications: a 10 ft. Wide (minimum) decorative sidewalk, curbing, and irrigation of the swale. These improvements shall be constructed prior to the issuance of any Certificate of Occupancy and included in the plans for a building permit. No building permit shall be issued until the Village and other regulatory agencies approve the plans showing these improvements; 3.) That the Building, Zoning and Planning Director is authorized to approve minor modifications to the plans when it is determined by the Director that such modifications are in substantial conformance with the plans as approved by Council; 4.) A detailed landscape plan shall be submitted with the building permit application. A building permit shall not be issued until the Building, Zoning and Planning Department approves the landscape plan. A Certificate of Occupancy shall not be issued until the landscaping has been installed and approved by the Department; 5.) Signage on the building is limited to the business that occupies the largest amount of floor area. Secondary signage is permitted through a directory sign on exterior of the building. The size of the directory sign shall conform with the Zoning and Land Development Regulations; 6.) 15 of the spaces shall be labeled as "100 Crandon Boulevard Parking"; 7.) All utilities shall be placed underground and 8.) The resolution approving the project shall be recorded in the public records of Miami -Dade County and approved by the Village Attorney prior to the issuance of a building permit. Councilmember Broucek made a motion to approve the site plan as presented with the above recommendations. The motion was seconded by Councilmember Oldakowski and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 4. SPECIAL PRESENTATIONS: At Councilmember Bass' request, Ms. Deborah de Leon made a special presentation regarding the Civic Center. II, At Councilmember Peters' request, Mr. Dick Gregory made a special presentation regarding the debt cap. At Mayor Rasco's request Mr. John Valentine made a special presentation regarding short-term solutions to playing fields. 3of10 July 10, 2001 5. PUBLIC COMMENTS: The Mayor announced that due to the many residents signed up for public comments, the allowed time to speak will be limited to two minutes. The following residents addressed the Council: Carol Diaz -Castro, 240 Hampton Lane; Luis F. de la Cruz, 640 Allendale Road; Steve Simon, 335 Harbor Lane; Arturo Aballi, 91 Island Drive; Lori Davis, 265 Grapetree Drive; Isabel Gambino, 676 Ridgewood Road; Enrique Garcia, 105 East Enid Drive; Karen Futernick, 325 Pacific Road; Andrew Gordon, 269 Cranwood Drive; Shirley Feldman, 1121 Crandon Boulevard; Kathy King, 745 Fernwood Road; Sammy Williams, 635 Harbor Drive; Sydney Cooper, 170 Ocean Lane Drive; Victoria Simons, 269 Cranwood Drive; Dr. Mathias Lichtenheld, 440 Palmwood Lane; Jonathan Ullman, 544 Fernwood Road; Susan Krupnick, Key Biscayne; Jim Leavitt, 240 Island Drive; Sharon Diaz-Granados, 251 Crandon Boulevard; Anika Akerlund- Tarajano, 200 Cypress Drive; Barry Goldmeier, 1000 Mariner Drive; Pat Weinman, 940 Mariner Drive; Gregory Han, 685 Curtiswood Drive; Bonnie Cooper, 77 Crandon Boulevard; Vicky Stickrod, 561 Allendale Road; Gene Steams, 180 Cape Florida Drive and Camille Guething, 260 Seaview Drive. 6. AGENDA: There were no further changes to the agenda. 7. CONSENT AGENDA: Councilmember Broucek requested to remove Items B, C and E from the Consent Agenda and Councilmember Peters requested to remove Items G and I from the Consent Agenda. The following consent agenda was approved by unanimous consent: The minutes of the June 12, 2001 of the Regular Council meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE PURCHASE OF OPTICAL -IMAGING EQUIPMENT FOR THE OFFICE OF THE VILLAGE CLERK; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ACCEPTING THE FINDINGS OF "AN ARCHAEOLOGICAL SURVEY OF THE PROPOSED VILLAGE OF KEY BISCAYNE CIVIC CENTER (FIRE STATION AND ADMINISTRATION/POLICE BUILDING); DONATING THREE CERAMIC POTTERY TO THE MARJORIE STONEMAN DOUGLAS NATURE CENTER; PROVIDING FOR AN EFFECTIVE DATE. 8. ITEMS REMOVED FROM THE CONSENT AGENDA: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO AWARD A SIDEWALK CONSTRUCTION CONTRACT 4of10 July 10, 2001 FOR WOODCREST ROAD AND PORTIONS OF MCINTYRE STREET TO MEF CONSTRUCTION, INC.; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmember Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH POST BUCKLEY SCHUH & JERNIGAN TO REPLACE THE ASBESTOS CEMENT WATERLINE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Peters. The Manager addressed the Council regarding this resolution. The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Broucek voting No. 8. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS" BY AMENDING SECTION 6-2 "CONSTRUCTION DEBRIS" BY CREATING PARAGRAPH (D) "CONDITION OF ON -SITE RECEPTACLES," PROVIDING FOR REQUIREMENT THAT ON -SITE RECEPTACLES USED FOR THE DEPOSIT OF CONSTRUCTION DEBRIS BE MAINTAINED SO THAT GRAFFITI IS NOT DISPLAYED ON THE EXTERIOR OF SUCH ON -SITE RECEPTACLES, AND THAT THE EXTERIOR IS PROPERLY MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. Councilmember Bass made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Broucek. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. 5of10 July 10, 2001 The ordinance was adopted on first reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. The Clerk announced the second reading of this ordinance for August 28, 2001. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RELATING TO ARTICLE VIII "SIGNS" OF THE ZONING AND LAND DEVELOPMENT REGULATIONS PROHIBITING POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY AND ESTABLISHING SIZE AND SETBACK REQUIREMENTS FOR POLITICAL SIGNS ON PRIVATE PROPERTY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on first reading. The motion was seconded by Vice Mayor Fried. The Mayor opened the public hearing. Gregory Han, 635 Curtiswood Drive, addressed the Council. The Mayor closed the public hearing. The ordinance was adopted on first reading by a 5-1 roll call vote. The vote was as follows: Councilmembers Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass voting No. The Clerk announced the second reading of this ordinance for August 28, 2001. There were no ordinances on second reading considered by Council. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS -REQUIRED BY LAW; DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers 6of10 July 10, 2001 Broucek, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass and Peters voting No. At this time Item 10A7 was heard. There was no objection to the agenda change. Councilmember Bass addressed the Council regarding the possibility of acquiring the Hyde Park Property through eminent domain. The Attorney addressed the Council recommending that before Council directs the Attorney to prepare an eminent domain resolution, Council should direct the Manager to contact the owner of this property and see if a voluntary sale, to the Village of Key Biscayne, is possible. Councilmember Bass made a motion authorizing the Manager to proceed with serious negotiations to purchase the Hyde Park property for green space. The motion was seconded by Councilmember Peters. Dr. Steve Simon, addressed the Council regarding this issue. The Bass motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Oldakowski addressed the Council regarding the Debt Cap issue. Randy White, Finance Director and the Manager addressed the Council and the public regarding the Debt Cap as it relates to the different phases of the Civic Center, as they are completed. Carol Diaz -Castro and Richard Gregorie addressed the Council regarding this issue. Councilmember Broucek made a motion to extend the meeting until 11:45 p.m. The motion was seconded by Vice Mayor Fried and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass voting No. The Attorney also addressed the Council and the public regarding the Debt Cap ordinance. There was extent ive discussion from Council regarding this issue. Item 10A2 was heard at this time. Councilmember Oldakowski addressed the Council regarding a presentation by Village staff of long-range financial plans, including review of assumptions for operating and maintenance costs of new Civic Center buildings, as well as impact on millage rate. Director White addressed the Council and presented projected budget numbers for operating and maintaining the new Civic Center Buildings. 7 of 10 July 10, 2001 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE SUSPENSION OF CONSTRUCTION OF THE KEY BISCAYNE ADMINISTRATION OFFICE/POLICE STATION AND FIRE DEPARTMENT FOR A PERIOD OF 30 DAYS; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Peters made a motion to approve the resolution amending the 30 day period to a 28 day period. The motion was seconded by Councilmember Bass. There was extensive discussion from Council regarding this resolution. Vice Mayor Fried made a motion to extend the meeting to 12:30 a.m. The motion was seconded by Councilmember Oldakowski and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass voting No. At Councilmember Fein's request, the Clerk read a statement from Councilmember Alan H. Fein regarding this resolution. The resolution as amended failed by a 2-4 roll call vote. The vote was as follows: Councilmembers Bass and Peters voting Yes. Councilmembers Broucek, Oldakowski, Vice Mayor Fried and Mayor Rasco voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR WITH THE CONSENSUS OF COUNCIL TO ESTABLISH A COMMITTEE TO INVESTIGATE NEW SITES AND NEGOTIATE WITH SITE PRINCIPALS FOR LEASE OR PURCHASE OF LAND/BUILDINGS IN ORDER TO LOCATE EMERGENCY SERVICES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Peters withdrew this resolution. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CALLING A SPECIAL ELECTION, AT THE EARLIEST POSSIBLE DATE, ON A VOTE FOR SUSPENDING CONSTRUCTION OF THE KEY BISCAYNE ADMINISTRATION OFFICE/POLICE STATION AND FIRE DEPARTMENT FOR A PERIOD OF 30 DAYS; PROVIDING FOR AN EFFECTIVE DATE. 8of10 July 10, 2001 Councilmember Peters made a motion to approve the resolution amending the 30 day period to a 28 day period. The motion was seconded by Councilmember Bass and failed by a 1-5 roll call vote. The vote was as follows: Councilmember Peters voting Yes. Councilmembers Bass, Broucek, Oldakowski, Vice Mayor Fried and Mayor Rasco voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO INVESTIGATE THE SUGGESTIONS RECEIVED IN A REPORT, PLAYFIELD IDEAS; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Mayor Rasco. Dr. Steve Simon, President of the Athletic Club, addressed the Council regarding the playing fields issue. Todd Hofferberth, Director of Recreation addressed the Council regarding this issue. Councilmember Peters made a motion to extend the meeting until 1:00 a.m. The motion was seconded by Councilmember Oldakowski and failed by a 4-2 voice vote. The vote was as follows: Councilmembers Broucek, Oldakowski, Peters and Vice Mayor Fried voting Yes. Councilmember Bass and Mayor Rasco voting No. Councilmember Oldakowski made a motion to extend the meeting until 12:45 a.m. The motion was seconded by Councilmember Peters and failed by a 4-2 voice vote. The vote was as follows: Councilmembers Broucek, Oldakowski, Peters and Vice Mayor Fried voting Yes. Councilmember Bass and Mayor Rasco voting No. Councilmember Oldakowski made a motion to extend the meeting until 12:42 a.m. The motion was 'seconded by Councilmember Broucek and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass voting No. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Oldakowski requested consensus from Council to convene a workshop to share ideas and discuss options for the temporary and long-term solution of the Village's need for playing fields. 9of10 July 10, 2001 It was the consensus of Council to hold a workshop regarding temporary and long-term solutions for playing fields on Tuesday, September 18, 2001 at 7:00 p.m. Village Attorney. The Attorney requested authority to hold an Executive Session regarding the Festa vs. Village of Key Biscayne sewer litigation at a future date. Village Clerk. The Clerk did not submit a report. Village Manager. The Manager reported that the Coordinator of Senior Services will start working on Tuesday, September 4, 2001. The Manager presented to the Council a traffic calming study. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings an events was presented to the Council. 13. ADJOURNMENT: The meeting was adjourned at 12:40 a.m. R - pec fully subm ,VeiP CO1 Conchita H. Alvarez, CMC Village Clerk Approved this 28th day of August , 2001: Joe I. Rasco 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. 10 of 10