Loading...
HomeMy Public PortalAbout05-09-00 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 9, 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 00 pm Present were Councilmembers Scott Bass, Mortimer Fried, Gregory C Han, Robert Oldakowski and Mayor Joe I Rasco Vice Mayor Martha F Broucek and Councilmember Alan H Fein were absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorney Stephen J Helfman 2 INVOCATION Reverend Bud Schroeder Key Biscayne Community Church gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS Mayor Rasco, on behalf of the Village Council presented a proclamation to the American Legion Auxiliary proclaiming the week of May 22-29, 2000 as Poppy Week in Key Biscayne Father Robert Libby addressed the Council regarding the Committee "Keep Seniors on Key Biscayne" which proposes to encourage and enable its longtime and senior residents to continue to live in Key Biscayne 5 PUBLIC COMMENTS The following residents addressed the Council James Peters, 561 Allendale Road, Wendy Johannsen, 212 West Mashta Dnve, Linda Davitian, 720 Myrtlewood Lane, Sam Davitian, 720 Myrtlewood Lane, Nancy Doke Harrison, 200 West Mashta Drive, Adnana Guillen, 573 Satinwood Drive and Camille Guething, 260 Seaview Drive 6 AGENDA There were no agenda changes 1 of 7 May 9 2000 7 CONSENT AGENDA The following consent agenda was approved by unanimous consent The minutes of the Apnl 28, 2000 Special Council Meeting 8 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the public heanng were sworn in by the Clerk Hearing Number 00 -04 -25 -RV -02 L'Esplanade on Key Biscayne Condominium, 971 Crandon Boulevard, the applicant is requesting that the Village Council approve one 24 Sq Ft (3 Ft X 8 Ft ) Monument sign facing Crandon Boulevard and one 32 Sq Ft (4 Ft X 8 Ft ) directory sign mounted on a wall at the southeast entrance to the parking garage Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation to deny both requests The Mayor opened the public heanng Rafael Rojas, member of the Board of Directors of L'Esplanade, 933 Crandon Boulevard, Federico Padovan, 425 Grapetree Drive and Camille Guething, 260 Seaview Dnve addressed the Council The Mayor closed the public heanng The Attorney addressed the Council regarding this request proposing that the hearing be continued at another Council Meeting in order that Council can further explore this case Councilmember Bass made a motion to continue this heanng to the June 27, 2000 Zoning Meeting The motion was seconded by Councilmember Fned and failed by a 2-3 voice vote The vote was as follows Councilmember Bass and Mayor Rasco voting Yes Councilmembers Fned, Han and Oldakowski voting No Councilmember Bass made a motion to accept request A and deny request B The motion was seconded by Mayor Rasco Councilmember Bass withdrew his motion Councilmember Oldakowski made a motion to reconsider the deferral The motion was seconded by Councilmember Bass and approved by a 4-1 voice vote The vote was as follows Councilmembers Bass, Fned, Oldakowski and Mayor Rasco voting Yes Councilmember Han voting No Councilmember Bass made a motion to continue this heanng to the June 27, 2000 Zoning Meeting The motion was seconded by Councilmember Oldakowski and approved by a 4-1 voice vote The vote was as follows Councilmembers Bass, Fned, Oldakowski and Mayor Rasco voting Yes Councilmember Han voting No At this time Mayor Rasco recognized Boy Scout Troop #322 attending the Council Meeting as part of a Ment Badge towards their Eagle Scout 2of7 May 9 2000 9 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE CAPITAL IMPROVEMENT FUND, PROVIDING FOR AMENDMENT OF THE 1999- 2000 FISCAL YEAR BUDGET BY REVISING THE SCHEDULE FOR REPLACEMENT BY THE GENERAL FUND OF FUNDS PREVIOUSLY TRANSFERRED FROM THE CAPITAL IMPROVEMENT FUND PURSUANT TO ORDINANCE NO 98-8, WHICH PROVIDED FOR THE EAST ENID DRIVE PROJECT, AND PROVIDING FOR AN AMENDMENT OF THE 1999-2000 FISCAL YEAR BUDGET BY PROVIDING FOR THE TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT FUND FOR THE BEACH RENOURISHMENT PROJECT, TO BE SUBSEQUENTLY REPLACED BY COUNTY FUNDS ANTICIPATED TO BE RECEIVED FOR THE BEACH RENOURISHMENT PROJECT AND PROVIDING FOR CONTINGENCY IN THE EVENT COUNTY FUNDS ARE NOT RECEIVED, PROVIDING FOR SEVERABILITY, PROVIDING FOR EFFECTIVE DATE Councilmember Fried made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Oldakowski The Mayor opened the public heanng There were no speakers present The Mayor closed the public heanng The Manager addressed the Council regarding this ordinance The ordinance was adopted on first reading by a 4-0 roll call vote The vote was as follows Councilmembers Bass, Fned, 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 on June 13, 2000 The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 OF CAPITAL IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS, AND PROVIDING AN EFFECTIVE DATE Councilmember Fried made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Oldakowski 3of7 May 9 2000 The Mayor opened the public hearing There were no speakers present The Mayor closed the public heanng The Manager addressed the Council regarding this ordinance The ordinance was adopted on first reading by a 4-1 roll call vote The vote was as follows Councilmembers Fned, Han, Oldakowski and Mayor Rasco voting Yes Councilmember Bass voting No The Clerk announced the second reading of the ordinance on June 13, 2000 The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING LAND DEVELOPMENT REGULATIONS FOR THE VILLAGE, RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE Councilmember Han made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Oldakowski Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this ordinance The Attorney addressed the Council regarding this ordinance The Mayor opened the public heanng John Shubin, Shubin & Bass, 46 S W 1st Street, Miami and Conchita Suarez, 201 Crandon Boulevard addressed the Council The Mayor closed the public heanng The ordinance was adopted on second reading by a 5-0 roll call vote The vote was as follows Councilmembers Bass, Fned, Han, Oldakowski and Mayor Rasco voting Yes The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE ZONING MAP AS REQUIRED BY THE LAND DEVELOPMENT REGULATIONS, PROVIDING FOR REZONING OF ALL PROPERTY IN THE VILLAGE OF KEY BISCAYNE IN CONFORMANCE WITH THE ZONING DESIGNATIONS CONTAINED ON THE ZONING MAP, PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE 4of7 May 9, 2000 Councilmember Han made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Fried Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this ordinance The Mayor opened the public heanng There were no speakers present The Mayor closed the public hearing The ordinance was adopted on second reading by a 5-0 roll call vote The vote was as follows Councilmembers Bass, Fned, Han, Oldakowski and Mayor Rasco voting Yes 10 RESOLUTIONS There were no resolutions considered by Council 11 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Bass addressed the Council regarding additional cable channels for Key Biscayne Manny Cambo, 621 Harbor Dnve, Robert Baldwin, 290 Sunnse Drive and Meunce Robinson, 355 West Enid Dnve addressed the Council regarding the cable channels Mayor Rasco addressed the Council regarding the twelve month evaluation of the Village Clerk Camille Guething, 260 Seaview Dnve, Conchita Suarez, 201 Crandon Boulevard and Michele Padovan, 425 Grapetree Drive addressed the Council regarding the Clerk's evaluation Councilmember Fned made a motion to increase the Clerk's salary to $56,000 Effective Apnl 1, 2000 The motion was seconded by Mayor Rasco Councilmember Bass made an amending motion to increase the Clerk's salary to $54,075 The motion was seconded by Councilmember Han and failed by a 2-3 voice vote The vote was as follows Councilmembers Bass and Han voting Yes Councilmembers Fned, Oldakowski and Mayor Rasco voting No The Fned motion was approved by a 5-1 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes Councilmember Han voting No Councilmember Oldakowski addressed the Council making a motion to establish an annual Key Biscayne Volunteer Recognition Day It was the consensus of Council to direct the Manager to come up with a plan to establish an annual Key Biscayne Volunteer Day and present it to Council at a 5of7 May 9 2000 future meeting The Manager addressed the Council regarding the improvements to the Community School playing field It was the consensus of Council to have a representative from the School Board to address the Council at the next meeting regarding this issue Mayor Rasco addressed the Council requesting a status report and action plan from the Manager regarding existing sidewalks including Crandon Boulevard It was the consensus of Council to have the Manager develop a plan to accomplish this and bnng it to a future Council meeting Councilmember Bass addressed the Council regarding incorporating a plan for the proper use and maintenance of septic tanks Councilmember Bass addressed the Council regarding the peaceful protest on the Village Green on Apn 122, 2000 Mayor Rasco addressed the Council reporting on his recent tnp to Tallahassee where he met with the Village's representatives while attending Miami -Dade Days Village Attorney The Attorney addressed the Council regarding Ordinance 99-3 which establishes special assessments stating that the items dealt through special assessesments are established in the Flonda Statutes The Village's ordinance is a recitation of the state law under Chapter 170 of the Flonda Statutes The Attorney also addressed the Council regarding the Seaquanum litigation The Attorney reported that the Seaquanum will be moving forward with an effort to restore and redevelop the Seaquanum as we know it, without any water theme park Village Clerk The Clerk reported that the Office of the Mayor had issue the following proclamation dunng the month of April proclaiming Fair Housing Month Village Manager The Manager addressed the Council regarding the Ocean Club demolition project reporting that the insurance company has appealed the demolition order issued by the Village and that a heanng will take place on May 17, 2000 The Manager addressed the Council giving a public works update on the following projects the beach renounshment project bids are due Monday, June 5, 2000 and the project should be under way by August, September or October of this year, the Handwercker plaque has been moved to the Village Green, the sidewalk/traffic calming project for West Wood Dnve/West Heather Dnve is ahead of schedule and should be completed by the end of the month, the work has started on the Mashta fountain, contracts are out and some have been returned to the respective low bidders on the vista parks, the site improvements are pnmanly a beautification of the medians and other cul de sac 6of7 May 9 2000 areas have been improved, phase two of the ocean park bids have been received and are been evaluated with the attorney and the engineer, the Crandon Boulevard plan is underway The Manager requested a date for the Civic Center Workshop It was the consensus of Council to hold the Workshop on Tuesday, June 6, 2000, at 7 00 P M in the Council Chamber 12 OTHER BUSINESS/GENERAL DISCUSSION The Attorney addressed the Council regarding a heanng scheduled this week in the lawsuit between the Ocean Club and the Gardens Condominium as well as the Village regarding the dispute on an easement The hearing has been postponed in order that all parties may sit down and bnng some resolution to the issue The Mayor addressed the Council regarding the upcoming Special Election of May 16, 2000 urging all registered voters to vote 13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 14 ADJOURNMENT The meeting was adjourned at 9 55 p m fully submit er Conchita H Alvarez, CMC Village Clerk Joe I Rasco Mayor Approved this -23rd -4 qy of Maw, 2000 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 7 of 7