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HomeMy Public PortalAbout02-08-00 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 8, 2000 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 05 p m Present were Councilmembers Scott Bass, Alan H Fein, Gregory C Han, Robert Oldakowski, Vice Mayor Martha F Broucek and Mayor Joe I Rasco Councilmember Mortimer Fned was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorneys Richard Weiss and Mitch Bierman 2 INVOCATION Pastor Paul Manuel, Key Biscayne Presbytenan Church gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS Mr Harvey Sasso, P E , President, Coastal Systems International, Inc , addressed the Council and the public giving a progress report relative to the implementation of the Village of Key Biscayne Beach Renounshment Project 5 PUBLIC COMMENTS The following residents addressed the Council Vera S Skuhersky, 205 West Enid Dnve, Ed Meyer 100 Sunnse Dnve, Haydee Archibald, 881 Ocean Dnve and Joseph Weisenfeld, 421 Island Drive 6 AGENDA Councilmember Fein requested the addition of a bnef discussion regarding the Fininvest Hearing as Item 10Al2 and Vice Mayor Broucek requested the withdrawal of Item 9E from the agenda There was no objection to the agenda changes 1 of February 8 2000 7 CONSENT AGENDA The following consent agenda was approved by a 5-1 voice vote The vote was as follows Councilmembers Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No The minutes of the January 18, 2000 Civic Center Workshop, the minutes of the January 25, 2000 Zoning Meeting and the minutes of the January 25, 2000 Local Planning Agency Meeting A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR DISASTER RELIEF FUNDING FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) EMERGENCY DECLARATION FEMA-3143-EM-FL RESULTING FROM HURRICANE FLOYD, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPOINTING MR SERVANDO M PARAPAR TO THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN, PROVIDING FOR AN EFFECTIVE DATE 8 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 26 "TRAFFIC AND VEHICLES" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE, CREATING ARTICLE III "SPEED ZONES," ESTABLISHING 20 MPH MAXIMUM SPEED FOR VEHICLES OPERATED IN RESIDENCE DISTRICT STREETS OF THE VILLAGE OF KEY BISCAYNE, PROVIDING PENALTY, PROVIDING FOR REPEAL, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE Vice Mayor Broucek made a motion to approve the ordinance on first reading The motion was seconded by Councilmember Oldakowski Chief of Police Michael J Flaherty addressed the Council regarding this ordinance Councilmember Han made a motion to amend section 26 42 (a) to include Harbor Dnve The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes The Mayor opened the public hearing Haydee Archibald, 881 Ocean Drive addressed the Council The Mayor closed the public heanng 2 of 9 February 8 2000 The ordinance was approved on first reading by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes The Clerk announced the second reading of the ordinance for March 14, 2000 The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE CREATING CHAPTER 8 OF THE VILLAGE CODE ENTITLED "CABLE TELEVISION," REQUIRING ALL CABLE TELEVISION PROVIDERS OPERATING IN THE VILLAGE TO OBTAIN A FRANCHISE FROM THE VILLAGE, PROVIDING FOR FRANCHISE REQUIREMENTS AND ESTABLISHING MINIMUM STANDARDS OF SERVICE, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE Councilmember Bass made a motion to approve the ordinance on first reading The motion was seconded by Councilmember Fein The Attorney addressed the Council regarding this ordinance The Mayor opened the public heanng Jorge Lopez, representing Adelphia Cable and Haydee Archibald, 881 Ocean Drive addressed the Council The Mayor closed the public heanng It was the consensus of Council to direct the Attorney and the Manager to negotiate with Adelphia and the County in order to get the best service possible for the Village The ordinance was approved on first reading by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 291, "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWER, AND OTHER PUBLIC IMPROVEMENTS," BY CREATING SECTION 291-28 "PETITION OR REFERENDUM REQUIRED" TO REQUIRE PETITION OR REFERENDUM OF PROPERTY OWNERS PRIOR TO IMPOSITION OF SPECIAL ASSESSMENTS PURSUANT TO THIS CHAPTER, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE Vice Mayor Broucek made a motion to approve the ordinance on first reading The motion was seconded by Councilmember Oldakowski 3of9 February 8 2000 The Attorney addressed the Council regarding this ordinance Councilmember Oldakowski made a motion to eliminate paragraph (b) The motion was seconded by Mayor Rasco and failed by a 1-5 roll call The vote was as follows Mayor Rasco voting Yes Councilmembers Bass, Fein, Han, Oldakowski and Vice Mayor Broucek voting No The Mayor opened the public hearing Haydee Archibald, 881 Ocean Drive The Mayor closed the public heanng The ordinance was approved on first reading by a 5-1 roll call vote The vote was as follows Councilmembers Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No The Clerk announced the second reading of the ordinance for March 14, 2000 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 17 "NOISE", BY AMENDING SECTION 17- 5 "EXEMPTIONS," CREATING PARAGRAPH (D), PROVIDING FOR VILLAGE COUNCIL TO BE AUTHORIZED BY RESOLUTION TO PROVIDE FOR LIMITED EXEMPTION FROM NOISE REGULATIONS FOR CERTAIN HOLIDAY CELEBRATIONS, SUBJECT TO CONDITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE Vice Mayor Broucek made a motion to approve the ordinance on first reading The motion was seconded by Councilmember Fein The Manager addressed the Council regarding this ordinance The Mayor opened the public heanng There were no speakers present The Mayor closed the public heanng The ordinance was approved on first reading by a 5-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Han was out of the room at the time the vote was taken The Clerk announced the second reading of the ordinance for March 14, 2000 4of9 February 8 2000 The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VILLAGE BY AMENDING THE FUTURE LAND USE MAP FOR PROPERTY AT 800 CRANDON BOULEVARD BY REMOVING IT FROM THE "OFFICE" CATEGORY AND PLACING IT IN THE "COMMERCIAL" CATEGORY, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Councilmember Fein made a motion to approve the ordinance on second reading The motion was seconded by Councilmember Oldakowski The Mayor opened the public hearing Wayne Manla, 121 Island Drive, Linda Manla, 121 Island Dnve addressed the Council The Mayor closed the public heanng Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this ordinance The ordinance was approved on second reading by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A PROPOSAL WITH AGILE COURTS CONSTRUCTION COMPANY TO REPAIR AND RESURFACE THE TENNIS COURTS AT CALUSA PARK, AND INSTALL ONE BASKETBALL GOAL AND LINE A HALF COURT AREA FOR THE AMOUNT OF $14,380, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Broucek made a motion to approve the resolution The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING SITE PLAN B MODIFIED AS "THE VILLAGE CIVIC CENTER SITE PLAN", SUPERSEDING RESOLUTION 99-57 ON THE SAME SUBJECT, PROVIDING FOR AN EFFECTIVE DATE 5of9 February 8 2000 Councilmember Fein made a motion to approve the resolution The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO DEVELOP PLANS AND OBTAIN PROPOSALS TO CONSTRUCT CURBING, LANDSCAPING, AND IRRIGATION IN THE SWALE AT 100-200 CRANDON BOULEVARD AND 77-299 CRANDON BOULEVARD, AND PROVIDING FOR AN EFFECTIVE DATE Councilmember Han made a motion to approve the resolution The motion was seconded by Councilmember Fein and failed by a 2-4 voice vote The vote was as follows Councilmember Han and Vice Mayor Broucek voting Yes Councilmembers Bass, Fein, Oldakowski and Mayor Rasco voting No The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fein made a motion to approve the resolution The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Dr Steve Simon addressed the Council regarding a request to put two portable backstops on the Village Green Vice Mayor Broucek made a motion to allow the use of two portable backstops on the Village Green The motion was seconded by Councilmember Han and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Oldakowski made a motion to approve an allocation of space for use as a temporary senior center The motion was seconded by Mayor Rasco Todd Hofferbeth, Recreation Director addressed the Council regarding this matter 6of9 February 8 2000 Ursula Mucci, 177 Ocean Lane Drive addressed the Council The motion was approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Oldakowski made a motion to initiate a Council discussion as to how best to proceed for finding a new Village Manager Dr Steve Simon former Chairman of the Manager's Search Committee addressed the Council At this time Vice Mayor Broucek asked the Village Manager if he would be willing to extend his contract with the Village for a longer period of time The Manager replied that he would be willing to stay longer It was the consensus of Council to start the hinng process for the new Manager during October of this year Mayor Rasco addressed the Council regarding the procedures in place regarding the Village's handling of the TRC application The Manager and the Attorney addressed the Council regarding this issue Councilmember Fein addressed the Council regarding the Fininvest heanng stating that the Village was extremely well represented by the Village Attorneys Mayor Rasco addressed the Council requesting a report from staff regarding the upkeep and maintenance of existing landscaping throughout the Village, including traffic calming circles What programs, plans are in place and condition of spnnklers The Manager addressed the Council regarding this issue Councilmember Han addressed the Council regarding development on the Virginia Key area Councilmember Oldakowski addressed the Council requesting an update from the Manager regarding curb cuts to sidewalks on Crandon Boulevard The Manager addressed the Council regarding this issue stating that the County will do handicap ramps within the next three to six months Mayor Rasco addressed the Council requesting a report from the Manager regarding bus shelters at Crandon Boulevard and East Heather Drive Status of lights, paint and concrete benches The Manager addressed the Council regarding this issue 7of9 February 8 2000 Mayor Rasco addressed the Council regarding a discussion to set a firm date to put entire agenda on the Internet The Clerk addressed the Council regarding this project It was the consensus of Council that Councilmember Han will work with the Clerk on this project Mayor Rasco addressed the Council regarding a follow up to WASA letter regarding condos on Grapetree Drive and back-up of sewer lines The Manager addressed the Council regarding this issue Mayor Rasco made a motion to appoint a selection committee to review applicants for architects to design the Key Biscayne Community Theater The Committee will also advise Council on space requirements, funding, grants, programming and other related matters The motion was seconded by Councilmember Broucek Councilmember Oldakowski addressed the Council regarding the selection process for this committee It was the consensus of Council that Councilmembers can call the Clerk and provide names for this Committee The Rasco motion approved by a 5-1 voice vote The vote was as follows Councilmembers Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No Vice Mayor Broucek made a motion to extend the meeting until 11 10 p m The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Mayor Rasco addressed the Council regarding the Census 2000 Committee Village Attorney The Attorney did not submit a report Village Clerk The Clerk submitted a copy of her office's 1999 annual report to the Council Village Manager The Manager submitted for Council's information a letter from Jason Hoffman, Event Director, Exclusive Sports Marketing regarding the 2000 Coca-Cola Classic Triathlon on Sunday, Apnl 16, 2000 on Crandon Boulevard, dated January 27, 2000 The Manager addressed the Council regarding the vista parks and Mashta Drive landscaping and right-of-way improvements 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 8of9 February 8 2000 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 13 ADJOURNMENT The meeting was adjourned at 11 06 p m tfully submitted c', 21aJleY'' Conchita H Alvarez, CMC Village Clerk Approved this 22nd day of February , 200 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