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
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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
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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
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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
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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
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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
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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
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