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HomeMy Public PortalAbout2000 Minutes.tifMINUTES VILLAGE COUNCIL MEETING Vll:l AGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 11, 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 p.m. Present were Councilmembers Scott Bass (arrived at 7:05 p.m.), Alan H. Fein, Mortimer Fried, Gregory C. Han, Robert Oldakowski and Mayor Joe 1 Rasco. Vice Mayor Martha F. Broucek was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. 2. INVOCATION: Reverend Jose Luis Hernando, Saint Agnes Catholic Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rascoled the Pledge of Allegiance. At this time Mayor Rasco addressed the Council and the public stating that pursuant to Section 7.03 of the Village Charter "The Village shall not make any grants or charitable contribution to any person or entity, except such grants or contributions as have been approved by all seven (7) Councilmembers.." Therefore, Items 12D6(a), (b) and © will not be heard this evening. 4. SPECIAL PRESENTATIONS: Ms. Julie Alvarez, Key Biscayne resident anda 18 year volunteer for United Way of Miami -Dade addressed the Council and the public. It was the consensus of Council to allow United Way of Miami -Dade to campaign among the Village employees and the residents of the Village of Key Biscayne. The Mayor on behalf of the Village Council presented the members of the WinterfesfCommittee with a Proclamation: 1 of January 11, 2000 r 10. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearingwere,sworm in by the Clerk. ,Hearing Number 99 -10 -26 -RV -04. Gustavo Moreno, 1040 Mariner Drive, the applicant is requesting a regulatory variance to permit a boat dock, with two boat lifts, to extend eight (8) ft. into a canal where the maximum,allowed „extension i s five (5) it. The Attorney addressed the Council st frog thatsincethis.application had been beforeCouncil there was no need to open the public hearing and that the testimony from the previous hearings be inco o_., tporate&into this one, Councilmethb& Bass made'a motion' to approve the variance. The motion was seconded by Counci.Imember Fried and approved` by, a 4-2 roll call vote. The vote was as follows: Councilmembers' Bass, Fein, Fried, and Mayor," Rasco voting Yes. Councilmembers "Ran and voting No. 4 . Oldakowski 4ORDINA S`OLUTlDNS:^The Clerk;read+the,fallowing resolution by;title . ere no ordinances considered by Council A RESOLUTION OFT HE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA- AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT WITH C .;41t1lL;DERS, INC. ,IN^ ACCORDANCE. WITH THE PLANS AND SPECIF'1CATIONS A5 PREPAREIJ BY:OBM MIAMI, INC. DATED TUNE 28,1999 IN THE A14 OUNT'OF $330,000 FOR THE"gCONSTRUCTION OF. PHASE ONE OF THE BEACH PARK MASTER PLAN,'PROVIDING FOIL N. EFFECTIVE DATE. Counci1mbin,ber"7rted made a motion to approve the resolution. The, motion was seconded by Councilmember ©ldakowski x "; fit The Manager ad" i sed ihe:Council regarding this resolution. `Ed Meyer 100 Sunrise Drive,and, Camille Guething, 260 Seaview Drive addressed the Council. Mayor Rasco made an amending motion to the third whereas clause to read $300,000 with a contingency of $30,000. The motion was seconded by Councilmember Han. The resolution aniended was approved by a 6-0 voice vote. The vote was as follows: Councilmetnbers Bass, Fein, Fried, Han; Oldakowski and Mayor Rasco voting Yes. 4 of 7 0 January 11, 2000 13. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco addressed the Council and the public regarding Ordinance 99-3 dealing with special assessments. It was the consensus of Council to direct the Village Attorney to draft an amendment to the above referenced ordinance addressing the manner in which special assessments are imposed. Councilmember Fried addressed the Council regarding the cable service provided by Adelphia Cable. Village Attorney. The Attorney presented to the Council a proposed ordinance regarding speed zone limits within, the Village:: 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 IH "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. It was the consensus of Council to hear this ordinance on first reading at the February 8, 2000 Council Meeting and for staff to prepare a report regarding this issue. Village Clerk. The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the month of January 2000: recognizing January 19, 2000 as Mast Academy Day; recognizing January 1, 2000 as Miami Seaquarium Millennium Day; recognizing Lt. Samuel Ceballos for his distinguished career in law enforcement and recognizing January 28, 2000 as Jose Marti Day. Village Manager. The Manager addressed 'the Council regarding the gazebo and wall for the Village Green. Rolando Llanes, Architect, addressed the Council regarding the bandstand. The Manager addressed the Council regarding this project. Crrile Sanchez, 260 Cypress Drive; Camille Guething, 260 Seaview Drive and Carlos Coto, 310 Harbor Court addressed the Council. - 5of7 January II, 2000 It was the consensus of Council to eliminate the proposed wall along Fernwood Drive and to direct the Manager to work with the Architecton the bandstand/gazebo project and bring it back to Council with a proposal. The Manager presented to Council a report regarding a Special Master hearingon December 6, 1999 relating to the adjudication of 13 violation notices that were dismissed associated with securing sites whena Hurricane Watch, was declared by"the Miami Dade County Mayor on September 13, 1999. Jud Kurlancheek, Director of Building, Zoning and Pianning addressed. the Council regarding this issue, • The Manager presented to Council a status report regarding the Zoning Ordinance Review Committee. The Manager addressed the Council regarding a Charrette for Virginia Key which will take place on Friday -January 14, Saturday January 15 and Sunday January 16, 2000 at the University of Miami Rosenstiel School of Marine, and Atmospheric Science, It was the consensus,of Council to, cancel the Saturday tourofneighboring cities facilities and instead produce a narrated video of these facilities and present it:to the Council at the workshop. The Manager addressed the Councilregardingxhe replacement of Yield signs by Stop Signs within the Village. Councilmember Han made a motion directing the Manager to request that the Miami -Dade County Public Works Department remove the yield signs from the secondary streets within the Village and install stop signs, in their place. The motion was seconded by Councilmember Oldakowski and approved by rt.-0 voice vote. The vote was as follows:, nciilmembers Bass, Fein, Fried, Han, OIdakowsld and Mayor Rasco voting Yes., 14. OTHER BUSINESS/GENERAL DISCUSSION: There' was no further business discussed. 15. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council, 16. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. 6of7 January 11, 2000 R pec • lly subm' ed: Conchita H. Alvarez, CMC Village Clerk Approved this 25th day of January . 2000: Joe L Pasco Mayor IFA 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. 7of7 MINUTES CIVIC CENTER WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 18, 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 7:15 p.m. Present were Councilmembers Alan H. Fein, Mortimer Fried, Gregory C. Han, Robert Oldakowski, and Mayor Joe I. Rasco. Vice Mayor Broucek and Councilmember Scott Bass were absent. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Pamela J. Rome and Village Attorney David Wolpin. The Mayor welcomed the public to the workshop to discuss the Village's Civic Center. The Village Manager addressed the Council introducing the design and construction team for the proposed Village Civic Center. They included Raul Llastra of O.B.M., the architect for the Fire Station, Robert Currie, the Community Center architect, Larry Klein and Carlos Vilato of Spillis, Candela and Partners, Michael Lanciault of James A. Cummings, Inc. and Ralph Martinez and Tom Burley of the Department of Management Services. The following staff members were also present, John C. Gilbert, Chief of Fire Rescue, Michael J. Flaherty, Chief of Police, Jud Kurlancheek, Director of Building, Planning and Zoning, Todd flofferberth, Recreation Director. Raul Lastra, 0 B.M. Miami, made a presentation explaining the proposed Village Civic Center Master Plan. 1 of 2 January 18, 2000 The following residents participated in the discussion: Bonnie Cooper, 77 Crandon Boulevard; Patricia Weinman, 940 Manner Drive; Julie Alvarez, 150 Sunrise Drive; Henrike Groschel-Becker, 290 West Mashta Drive; Camille Guething, 260 Seaview Drive; Ed Meyer, 100 Sunrise Drive; Conchita Suarez, 201 Crandon Boulevard; Suzie Westfall, 525 Allendale Road; Kathye Susnjer, Executive Director, Key Biscayne Chamber of Commerce; John C. Gilbert, Chief of Fire Rescue, gave a presentation to the Council and Public regarding the Fire Station facility. The Manager addressed the Council stating his support for the modified Plan B. It was the consensus of Council to direct staff to prepare final plans and costs and present them at the first meeting in February. There being no further business, the meeting was adjourned at 10:30 p.m. Respectfully submitted: it -PE -CCTV Krit. Pamela J. Rome, Deputy Village Clerk Joe LRasco Mayor IF A PERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT ro 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,'WHICHRECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2,of 2 MINUI'ES LOCAL PLANNING AGENCY MEETING V1T.T AGE OF KEY BISCAYNE TUESDAY, JANUARY 25, 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The Mayor called the l oral Planning Agency Meeting to order at 8:10p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek 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 Attorneys Richard Jay Weiss and Daniel Weiss. The Clerk read the following ordinance 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 TT FROM THE "OFFICE" CATEGORY AND PLACING IT WITHIN THE "COMMERCIAL" CATEGORY; PROVIDING FOR SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. Councilmember Fried made a motion to recommend the master plan amendment to the Village Council. The motion was seconded by Councilmember Han. Director Kurlancheek addressed the Council stating his recommendation of approval. Judith A. Burke, representing the applicant, and Andrew Dolkart, President, Miami Economic Associates, Inc., Miami addressed the Council. 1 oft January 25, 2000 The Mayor opened the public hearing. Arturo Aballi, 91 Island Drive; Wayne Mania, 121 Island Drive, Haydee Archibald, 881 Ocean Drive and Conchita Suarez, 201 Crandon Boulevard addressed the Council. The Mayor opened the public hearing. The Attorney addressed.the Council regarding this recommendation. The motion to recommend the master plan amendment to the Village Council was approved by a 5-1 roll call vote. The vote was as follows; Councilmembers Bass, Fried, Han, Oldakowski and Mayor Rasco voting Yes. Vice Mayor trowel( voting No: The LPA meeting was adjourned at 8;52 p.m tfully submitted: Conchita H. Alvarez, CMC, Village Clerk A7vpraved thls btla rl of February , 2000 Joe L Rasco Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETINGOR 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: 2of2 0 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE TUESDAY, JANUARY 25, 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECONDFLOOR i. CALL TO ORDER/ROLL CALL OF' MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Councilmember Alan H. Fein was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita'IL Alvarez, Village Attorneys Richard Jay Weiss and Daniel Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: Vice Mayor Broucek requested the addition of a brief statement regarding the proposed airport at Homestead and Councilmember Oldakowski requested the removal of Item 4B from the consent agenda. There was no objection to the agenda changes. 4 CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the January 11, 2000 Regular Council Meeting. 5. ITEM REMOVED FROM TILE CONSENT AGENDA: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE ()F KEY BISCAYNE, FLORIDA; STRONGLY OPPOSING ANY PROPOSED LEGISLATION TO ASSIGN THE CONTROL OF THE DELIVERY OF POSTSECONDARY WORKFORCE EDUCATION PROGRAMS TO THE STATE COMMUNITY COLLEGE SYSTEM; AND FURTHER URGING THE FLORIDA LEGISLATURE TO MAINTAIN THE CURRENT DUAL 1 of 4 January 25, 2000 DELIVERY' SYSTEM BY CONTINUING APPROPRIATIONS 'FOR ADULT AND »POSTSECONDARY VOCATIONAL PROGRAMS TO BE CONDUCED BY THE MIAMI DADE COUNTY PUBLIC SCHOOL SYSTEM. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek and approved by a 6-0 voice vote. • The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 6. BUILDING, ZONING, AND;PLANNING: All witnesses giving testimony in the public hearing were, sworn in by the Clerk r „ Hearing Number AP -00-01. TRC Real Estate Investments, Inc., 800 Crandon Boulevard, the applicant is appealing an administrative decision made by the Building, Zoning and Planning Director relating to the issuance, of a, building permit to. construct a building that will contain a hardware store (floor plan shows a lardu%aie and two other spaces labeled "store"). elosed1that she had,had ex parte communications pplicant on Jud Kurlancheek, Director of Building. Zonini and, Planning addressed the Council stating his recommendation that Connell affirm his decision to deny the issuance ofa`building permit to construct a b.0 ding that will contam.a hardware stare. The Attorney addressed.the Countcil, regarding this hearing. The Mayor opened, the; public hearing.' Judith A. Burke, Shutts & Bowen, 201 South Biscayne Boulevard, representing the applicant, addressed the Council. ' The following residents also addressedtheCounc%fry n Kerner, 355 West Wood Drive,,Conchita Suarez, 201 Crandon Boulevard; James 'Palm, 561 Allendale Road; Tony Navarro, 151 Crandon Boulevard and Haydee Archibald„ 8$1 Ocean Drive. The Mayor, closed the public hearing. Councihnember Fried made,a motion,to uphpldthe BZP Director's recommendation. The motion was seconded by Vice Mayor Broucek and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Fried, Han, OIdakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. At 8:09 p.m. the Village Council recessed, in order to open The Mayor reconvened the Council meeting at 8:53 p.m. ' 2of4 e Local Planning' Agency Meeting. to January 25, 2000 Director Kurlancheek requested that the record -of the LPA Meeting be incorporated in the record of the Council Meeting. Ms. Burke joined in this request. There was no objection from Council to the request. Hearing Number CPA -00-01, TRC Real EstateInvestments, Inc., 800 Crandon Boulevard, the applicant is requesting to amend the master plan by changing the future land use map designation from office to commercial. Jud Kurlancheek, Director of Building. Zoning and Planning addressed the Council stating his recommendation to approve the request. The Clerk read the following ordinance, on first 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 WITHIN THE "COMMERCIAL" CATEGORY; PROVIDING FOR SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. Councilmember Han made a motion to approve the ordinance on first reading pursuant to the recommendation made by the Local Planning Agency. The motion was seconded by Councilmember Fried and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. The Clerk announced the second reading of this ordinance for February 8, 2000. RESOLUTIONS: There were no resolutions considered by Council. REPORTS AND RECOMMENDATIONS: The following items were discussed: At this time the Council took a two minute recess. Mayor and Councilmembers. Vice Mayor Broucek addressed the Council regarding the proposed commercial airport at Homestead. Village Attorney. There were no reports submitted by the Attorney. Village Clerk. There were no reports submitted by the Clerk. 3of4 January 25, 2000 Village Manager. The Manager tbinitwd.to Council a letter sent to Michele Padovan, Property Manager, iel'hare Condominium Association from. William 19i. Brant, P.E., Director Miami -Dade Water and Sewer Department regarding the property at 798 Crandon Boulevard. OT.HERBUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future a eet ngs and events was presented to the Council. ADJOURNMENT: The meeting was adjourned at 9.10 .p.m. Conchita ILAlrarez,CMC Village Clerk J. Approved tkis8tlnlayWebruary , 2000: Joe L Rasco Mayor IFA 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. 4;; of 4 MINUTES VIT J AGE 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 L Raseo. Councilmember Mortimer Fried was absent. Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Weiss and Mitch Bierman. INVOCATION:` Pastor Paul Manuel, Key Biscayne invocation. Presbyterian Church gave an 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 Renourishment Project. 5. PUBLIC COMMENTS: The following residents addressed the Council: Vera S. Skuhersky, 205 West Enid Drive; Ed Meyer 100 Sunrise Drive, Haydee Archibald, 881 Ocean Drive and Joseph Weisenfeld, 421 Island Drive. 6. AGENDA: Councilmember Fein requested the addition of a brief 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 9 February 8, 2000 7. CONSENT AGENDA: The following consent agenda was approved by a 5-1 voice vote. The vote was as follows: Councilrnernbers 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 E 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 I}EMA-3143-EM-FL RESULTING FROM HURRICANE FLOYD; PROVIDING ,OR AN EFFECTIVE DATE. A RESOLUTIONOFTHE VILE.AGE,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. ORDINANCES The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE, OF THE j?ILLAGE,.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 ED MAXI! STE FOR, �, ± , LES OPERATED.IN RESIDENCEDISTRICT STREETS OF TO VILLAGE OF KEY BISCAY'S PROVIDING; PENALTY; PROVIDING FOR REPEAL; PROVIDING FOR IN.cLUSION IN TIf CODE; PROVIDING FOR SEVERABILI .'"'AND PROVIDING AN E ECTIVE.DATE. Vice Mayor Broucek tirade a.mo seconded.by Councilmember Ol n, to approve the ordinance on first, reading. The motion was owstfii... 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 Drive. 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 hearing. 0 2of9 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 hearing. Jorge Lopez, representing Adelphia Cable and Haydee Archibald, 881 Ocean Drive addressed the Council. The Mayor closed the public hearing. 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 29.1, "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWER, AND OTHER PUBLIC IMPROVEMENTS," BY CREATING SECTION 29.1-28 "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 .poThe Attorney addressed the Counei egarding this.ordinance, 8, 2000 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 Oldakgwski and Vice Mayor Broucek voting No. [he >pened.the;publtc,hearing., Haydee Archibald, 881 Ocean Drive. The Mayor ibhc hearing,�g ti ,dinaptce as approved.on first reading by a 54 roll eall vote. Theivote, was as .follows: ilt en rsl,Fein; f lan, 0ldakowski, Nice Mayor Broucek and Mayor Rasco voting Yes. ouncilmember-Bass votittgtls]o. F ` 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,IISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE", BY AMENDING SECTION 17- 5 ".EXEMPTIONS;", CREATING PARAGRAPH ,(D); PROVIDING FOR VILLAGE i„COUNCIL TO BE, AUTHORIZED BY: RESOLUTION TO PROVIDE FOR, LIMITED EXEMPTION FROM NOISE REGULATIONS FOR CERTAIN ' . HOLIDAY CELEBRATIONS, SUBJECT TO CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDLNGr:F,ORzINCLUS1ON 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 hearing. There were no speakers present. The Mayor closed the public. hearing. The;ordinanceiwas approved on fi(rst,reading by' 5-a rolkpall vote. The vote was as follows: Coun'cilmembers Bass;`Fein, Oldakowski,Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Han was,out of the.rdom at the time the vote was taken. The Clerk announced'the second reading, of the ordinance for March 14, 2000, 4of9 0 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 Mania, 121 Island Drive; Linda Mania, 121 Island Drive addressed the Council. The Mayor closed the public hearing. 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 Brourek 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. 5 of 9 February 8, 2000 Councilmember Fein made motion to=approvek'the resolution.,: The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote. The vote was as follows: 4,t Councilniemt ers Bass, Fein, -Han, Oldakowsla,. ViceMayor Bmucek and Mayor Rasco voting Yes. lowingresolutionby'titie: A RESOLUTION OFTHExVILLAGECOUNCIL 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. CI NDON-BOULEVARD ° AND 77-299 ' CRANDON BOULEVARD; AND PROVIDING FOR AN EFFECTIVE.DATE. Councilmember Han made a motion to approve and £ailedlby a 2- t voice vote. and Vice Mayor Broucek voting Yes. Counei men voting No; thy...resolution. The motion was seconded by The tote was as follows:, Councilniember Han acrsf-Bass, Fein, Oldakowski and Mayor Rasco The Clerk read the following resolution by title: -A RESOLUTION OF THE VILLAGEOF KEY •BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE, AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FORFAN EFs ' IVE DATE: =Councilmember Fein made auction to approvethe resolution. The motion was seconded by ;Councilmember. Oldakowski :and approved by a 6-0 voice vote. The vote was as follows: ouncilmembers Bass, Fein, Ilai;.Oldakoweski, Vice Mayor Broucek and Mayor Rasco voting Yes. Dr 'Steve Simon addressed the the Village Green. Vice Mayor Broueek made a motion to allow the use of two portable backstops on the Village Green. The motionwas seconded by Councilmember Han and approved by a 6-0 voice vote. Thevote was as follows: Councilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. put twoportable backstops on 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Oldakowski: made a motion to approve an allocation -of space remise as a temporary senior' center. The motion was seconded by Mayor Rasco_ Todd Hofferbeth, Recreation Director addressed the Council regarding this matter. 6of9 C� February 8, 2000 Ursula Mubci, 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 hiring process for the new Manager during October of this year. Mayor Basco 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 hearing 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 sprinklers. The Manager addressed the Council regarding this issue. Councilmember Han addressed the Council regarding development on the Virginia Key area. Councilmember dldakowski 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 Basco 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 seta firm date to put entire agenda on the Internet. The Clerk addressed the Council regarding this project. It was the consensus of Council that Cpunciimember Han will work with the. Clerk on this project.: Mayor Rasco addressed the Council regarding a follow up to WASA letter regarding condos on €r= 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 app14cants for architects to design`'.tbee Key Biscayne Community Theater. The Committee will also advise Cotmci€ on space requirements, funding, grants, programming and other related matters. The motion was seconded by Coltnoilmember;Broucek. Councilmember Oldakowski addressed the Council regarding the selection process for this committee. It was the consensus of Council that Councilnembers can call the Clerkand provide namesforthis Committee.:, . ; The Rasco motion approved by a 5-1 voice vote. The vote was as follows: CounciImembers. Fein, Han, Oldakowski, Vice.Mayor Broucek aix! Mayor Rasco voting Yes: Councilmember Bass voting No.�: , ME Vice Mayor Broucek made a motion to extend the meeting until 11:10 p.m. The motion was seconded by CouncilmemberBass and approved by a 6-0 voice vote. The vote was as follows: touneilmembers Bass, Fein, Han, Oldakowski, Vice Mayor Broucek,and Mayor Rasco voting Yes. ayor 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, 461416, 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. O'T`HER, BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 8of9 Men 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: Stts 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. MINUTES LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 22, 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: Vice Mayor Broucek called the meeting to order at 7:05 p.m. Present were Councilmembers Scott Bass (arrived 7:15 p.m.), Mortimer Fried, Gregory C. Han, Robert Oldakowski and Vice Mayor Martha F. Broucek. Councilmember Alan H. Fein and Mayor Joe I. Rasco were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Steve Helfman. 2. RESOLUTIONS: A public hearing and recommendation of Village Council sitting as the Local Planning Agency on the following proposed resolutions: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF THE VILLAGE OF KEY BISCAYNE LAND DEVELOPMENT REGULATIONS, ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilmember Han made a motion recommending the adoption of the Village of Key Biscayne Land Development Regulations to the Village Council with the following recommendations: alternatives for parking of commercial vehicles and overnight storage of these vehicles, hours of operation with respect to single family areas where they abut commercial and the time limit for liquor sales to be set at 4:50 a.m. The motion was seconded by Councilmember Fried. 1 of 3 February 22, 2000 Paul Auchter,. Chairman of the ZORC Committee addressed the Council regarding these resolutions. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding these resolutions. The Vice Mayor opened the public hearing. James Taintor, 355 Harbor Drive; Hugh Dates, 180 Harbor Drive; Brian Adler, Bilzin, Suberg Dunn Price & Axelrod, representing the Grand Bay and Ocean Club; Ellen Blasi, 240 Crandon Boulevard; Conchita Suarez, 201 Crandon Boulevard; Tony O'Donnell, 1200 Brickel Avenue, representing Stefano's and Paradise, Ina, Wayne Mania, 121 Island Drive; Adel El-Etr, Crandon Boulevard; Haydee Archibald, 881 Ocean Drive addressed the Council. The Vice Mayor closed the public hearing. The Attorney addressed the Council regarding these resolutions. Councilmember Fried made a motion directing the Attorney and staff to address the issue of parking of commercial vehicles and overnight storage of these vehicles. The motion was seconded by Councilmember Oldakowski and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowski and Vice Mayor Broucek voting Yes. Councilmember Oldakowski made a motion directing the Attorney and staff to address the hours of operation with respect to single family areas where they abut commercial. The motion was seconded by Councilmember Bass and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowski and Vice Mayor Broucek voting Yes. Councilmember Fried made a motion to change the sale of liquor time limit to 4:50 a.m. The motion was seconded by Councilmember Oldakowski and approved by a 4-1 voice vote. The vote was as follows: Councilmembers Bass, Fried; Oldakowski and Vice Mayor Broucek voting Yes. Councilmember Han voting No. The resolution as amended was approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowski and Vice Mayor Broucek voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF THE VILLAGE OF KEY BISCAYNE ZONING MAP, ATTACHED HERETO AS EXHIBIT "A", AS REQUIRED BY THE PROPOSED LAND DEVELOPMENT REGULATIONS; PROVIDING AN EFFECTIVE DATE. 2of3 February 22, 2000 Councilmember Oldakowski made a motion to recommend the adoption of the Village of Key Biscayne Zoning Map to the Village Council. The motion was seconded by Councilmember Bass, The Vice Mayor opened the public hearing. There were no speakers present. The Vice Mayor closed the public hearing. The motion was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowski and Vice Mayor Broucek voting Yes. 3. ADJOURNMENT: The meeting was adjourned at 9:25 p.m. 'ully subm4 o`srtlaita H. Alvarez, CMC Village Clerk Approved this 27th day of fune , 2000: 2,r-edr-c2 Ma Fernandez -Leon Broucek Vice 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. 3 of 3 MINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 22, 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO.ORDER/ROLL CALL OF' MEMBERS: Vice Mayor Broucek called the meeting to order at 9:26 p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Gregory C. Han, Robert Oldakowski and Vice Mayor Martha F. Broucek. Councilmember Alan H. Fein and Mayor Joe 1. Rasco were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Steve Heitman. 2. AGENDA; Councilmember Fried requested the addition of a discussion regarding a request from the Key Biscayne Athletic Club to install temporary clay bases on the Village Green. There was no objection to the agenda change. 3. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the February 8, 2000 Council Meeting. ORDINANCES: The Clerk read the following ordinance, on first 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 adoptng the ordinance on first reading as recommended by the Local Planning Agency. The motion was seconded by Councilmember Odakowslci. 1 of The Vice Mayor opened the public hearing.There were no speakers presen Mayor closed the public hearing.' The ordinance was adopted on first reading by a 5-0 roll call vote. The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowski and Vice Mayor Broucek voting Yes. The Clerk announced the second hearing of this ordinance for March 21, 2000. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE O'F REV 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 "CONFORMAN'(T' 3'WITH THE ZONING DESIGNATIONS CONTAINED ON THE ZONING MAP; PROVIDING .'FOR =INCLUSION IN THE CODE AND AN EFFECTIVE DATE.- Councilmember Oldakowski made a motion adopting the ordinance on first reading as recommended by the Local =Planning Agency. The'tiotion was seconded by Councilmember Ham " The Vice Mayor opened the public hearing. There were no `speakers present. The Vice May& closed the public hearing. ` The :ordinance, was adopted on first reading by a 5-0 roll call vote. The vote was as follows: Councilmembers Bass, Fried, Han `Oldakowski and Vice Mayor Broucek voting Yes. The Clerk announced the second hearing of this ordinance for March 21, 2000. RESOLUTIONS: There were no resolutions considered by Council. 6. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Fried addressed the Council regarding the placing of temporary clay bases on the Village Green. It was the consensus of Council to place this item on the next Council agenda. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 8., SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 2of3 0 9. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. lly subm itted: onchita H. Alvarez, CMC Village Clerk Approved this 14th day of March . 2000: MarthaFernandez-Leon Broucek Vice Mayor IFA 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. 3of3 MINUTES VILLAGE COUNCIL MEET ING VIII AGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 14, 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, Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Weiss. 2 INVOCATION: Attorney Weiss gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Dr. Steven A. Simon, President, Key Biscayne Athletic Club and Special Village Council Appointee for Playing Fields addressed the Council regarding the placement of temporary clay diamonds on the Village Green. Vice Mayor Broucek made a motion to allow the placement of temporary clay diamonds on the Village Green. The motion was seconded by Councilmember Fried. Vice Mayor Broucek withdrew her motion. It was the consensus of Council to direct the Manager to implement the, request from the Key Biscayne Athletic Club. Councilmember Alan H. Fein addressed the Council requesting a special presentation by Dr. Steven A. Simon, Special Council Appointee for playing fields, at the May 9, 2000 Council meeting regarding the progress being made in finding a location for playing fields. The Council agreed. 1 of 9 March 14, 2000 Mayor Rasco on behalf of the Village Council presented a proclamation proclaiming "First Family Day on Key Biscayne in Honor of David Riascos" to Christina DeFalco. Mayor Rasco on Behalf of the Village Council presented a proclamation in honor of "Children Learn What They Live Week" to Christina DeFalco. Ms. Defalco addressed the Council thanking the Mayor and members of the Village Council for recognizing the Children and Families of Key Biscayne. 5. PUBLIC COMMENTS: The following residents addressed the Council: James L. Peters, 561 Allendale Road; Vera Skuhersky, 205 West Enid Drive; Maria Luisa Tinoco, 170 Ocean Lane Drive. 6. AGENDA; Councilmember Han requested to hear Item 10D2 (a) and (b) at the beginning of the agenda after the consent agenda; Councilmember Bass requested the withdrawal of Item 10A2; the Attorney requested the withdrawal of the Local Planning Agency Minutes of February 22, 2000 and Councilmember Fried requested the addition of a discussionregarding the library as Item I0AS. There was no objection to the agenda changes. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the February 22, 2000 Zoning Meeting. A RESOLUTION OFTHE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR A "COPS" GRANT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH EDWARD E. CLARK ENGINEERS -SCIENTISTS, INC., A FLORIDA CORPORATION; PROVIDING FOR AN EFFECTIVE DATE. At this Item 10D2 was heard. Councilmember Han made a motion to approve the grant requested by Boy Scouts Troop #322 Key Biscayne for materials for tent platforms to be placed in Cape Florida State Recreation area in the amount of $1,000. The, motion was seconded by Vice Mayor Broucek and failed by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han; Vice Mayor Bmucek and Mayor Rasco voting Yes. Councilmember Oldakowski voting No. Vice Mayor Broucek addressed the Council and the public offering to donate $1,000 to the Boy Scouts Troop #322 on behalf of the Broucek family. 0 2of9 March 14, 2000 Councilmember Fein made a motion to approve the grant requested by Girl Scout Troop #391 Key Biscayne for camping equipment in the amount of $3,000. Councilmember Han seconded the motion. Cindy Cutler, 251 Crandon Boulevard addressed the Council. The motion failed by a 6-1 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Oldakowski voting No. Councilmember Fein made a motion to approve the grant requested by Girl Scout Troop #391 for portable basketball nets in the amount of $2,000. The motion was seconded by Councilmember Oldakowski. Councilmember Fein withdrew his motion: Susan Fox-Rosellini, 201 Crandon Boulevard addressed the Council. Councilmember Oldakowski made a motion to instruct the Manager to purchase the camping equipment and the portable basketball nets and that these items be available to all groups on Key Biscayne. The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The Manager addressed the Council regarding a contribution to the surviving families of D.E.A. agents in the amount of $1,000. It was the consensus of Council to make the contribution to the Drug Enforcement Administration in the amount of $1,000 out of the Police Department's budget. 8. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 25, "TAXATION," OF THE VILLAGE CODE BY AMENDING ARTICLE II "OCCUPATIONAL LICENSE TAX", BY AMENDING SECTION 25-31'"OCCUPATIONAL LICENSE TAX SCHEDULE", BY AMENDING PARAGRAPH PROVIDING LISTING FOR "FINANCIAL INSTITUTIONS", TO CLARIFY THAT SUCH LISTING ALREADY INCLUDES INSURANCE COMPANIES UNDER EXISTING $150.00 ANNUAL RATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Oldakowski and approved by a 7-0 roll call vote, The vote was as 3of9 March 14, 2000 foliows: Couhcilinembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The Clerk announced the second reading of the ordinance for April 11, 2000. The Clerk read the following ordinance, on second 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. Councilmember Oldakowski made a motion to adopt the ordinance. The motion was seconded by Councilmember Fein; The Mayor opened the public hearing. Joseph Weisenfeld, 421 Island Drive addressed the Council. The Mayor closed the public hearing. Vice Mayor Broucek made an amending motion to amend the speed limit to 25 MPH within Village streets. The motion was seconded by Councilmember Bass and approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Bass, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmembers Fein, Fried and Oldakowski voting No. There was extensive discussion from Council regarding this issue. Chief of Police, Michael J. Flaherty addressed the Council. Councilmember Han made a motion to reconsider the 25 MPH amendment. The motion was seconded by Councilmember Oldakowski and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. The motion to amend the speed limit to 25 MPH within Village streets failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Bass, Han and Mayor Rasco voting Yes. Councilmembers Fein, Fried, Oldakowski and Vice Mayor Broucek voting No. The ordinance was adopted by a 7-0 roll call. vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 0 0 4 of 9 March 14, 2000 The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 29.1, "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWER, AND OTHER PUBLIC IMPROVEMENTS," BY CREATING SECTION 29.1-28 "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. Councilmember Fried made a motion to adopt the ordinance. The motion was seconded by Mayor Rasco. The Mayor opened the public hearing. Michele Barnett, 355 West Wood Drive; James L. Peters, 561 Allendale Road; Servando Parapar, 240 Cypress Drive; Fernando Figueredo, 524 Ridgewood Drive; Adriana Guillen, 573 Satinwood Drive; Michael Kahn, 881 Ocean Drive; Haydee Archibald, 881 Ocean Drive; Will Earle, 375 West Enid Drive and Nancy Doke Harrison, 200 West Mashta Drive addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council regarding this ordinance. Councilmember Bass made an amending motion to amend paragraph (b) to include the sanitary sewer project. The motion was seconded by Mayor Rasco and approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmembers Fried, Han and Oldakowski voting No. Mayor Rasco made a motion to table this ordinance to the meeting of April 11, 2000. The motion was seconded by Councilmember Bass and approved by a 6-1 roll call vote. The vote was as follows: Councilmemberrs Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Han voting No. At 9:55 p.m: the Mayor requested a 5 minute recess. The meeting was reconvened at 10:00 p.m. At this time it was the consensus of Council to hear Item 913. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; OPPOSING THE PLACING OF A COMMERCIAL AIRPORT AT HOMESTEAD AIR FORCE BASE; PROVIDING FOR AN EFFECTIVE DATE. 5 of9 otmdilmember Bass made a ,Councilmember Fried.' ohto March 14, 2000 resolution. The notion was seconded by Conehita Suarez, 201 Crandon Boulevard; Jonathan Ullman, South Florida representative for the National Sierra Club; Bob Skinner, 561 Sabal Palm; Bruce Drum, Assistant Aviation Director for Miami -Dade County Aviation Depattu ent; Blanca Mesa, 544 Femwood Road; Meg Holderman, 228 West Wood Drive; Mabel Miller, 210 Seaview Drive; Jeff Bunting, IM1iami,; Dade County Aviation Department; Dr. Robert Maggs, 155 Ocean Lane Drive; Jorge Luis Lopez, 1121 Crandon Boulevard, attorney representing the City of Homestead and Ed Meyer, 100 Sunrise. Drive addressed the Council. The resolution failedpy a 3-4 roll call vote. The vote was as follows: Councilmembers Bass, Fein and Oldakowski voting Yes. ,Councilmembers Fried, Han, Vice Mayor Broucek and Mayor Rasco voting No. Mayor Rase() Made a motion to extend the meeting to 11:15 pm. The motion was seconded by Vice Mayor Broueek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowslo, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER I7 "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: Councilmember Fried made a motion to adopt the ordinance. The motion was seconded by Councilmember Han. The Mayor opened the public hearing. Camille Guething, 210 Seaview Drive addressed the Council. The Mayor closed the public hearing. The ordinance was adopted by a 6-1 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. 6 of 9 March 14, 2000 It was the consensus of Council to direct the Attorney to address the issue of working hours as it relates to the noise ordinance. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF TIIE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, PURSUANT TO PETITION OF ELECTORS, PROPOSING AMENDMENT OF CHARTER BY CREATING SECTION 4.14 "SPECIAL ASSESSMENTS" TO REQUIRE PETITION OF PROPERTY OWNERS OR REFERENDUM ELECTION OF PROPERTY OWNERS PRIOR TO IMPOSING SPECIAL ASSESSMENTS; AND CALLING A SPECIAL ELECTION FOR THE PROPOSED REPEAL OF ORDINANCE NUMBER 99-3, WHICH PROVIDED ENABLING AUTHORITY FOR SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWERS AND OTHER PUBLIC IMPROVEMENTS, AND FOR THE PROPOSED REPEAL OF ORDINANCE 99-9, WHICH AUTHORIZED THE VILLAGE'S LOAN FROM THE STATE OF FLORIDA FOR THE SANITARY SEWER PROJECT, PURSUANT TO REFERENDUM PETITIONS OF ELECTORS SEEKING THE REPEAL OF ORDINANCE 99-3 AND ORDINANCE 99-9. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. At this time the Attorney addressed the Council requesting an Executive Session for Friday, March 17, 2000 at 8:00 a.m. to discuss the Tesaurus Holdings, Inc. and Fininvest Investment, Ltd. appeal. Elaine Cohen, from the Village Attorneys' office addressed the Council regarding the request of a one month extension to the purchase contract for 560 Crandon Boulevard. Councilmember Fried made a motion to authorize such extension. The motion was seconded by Vice Mayor Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING LIMITED EXEMPTION FROM NOISE REGULATIONS FOR CERTAIN HOLIDAY CELEBRATIONS PURSUANT TO SECTION 17-5(d) OF CHAPTER 17 "NOISE" OF THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. 7of9 March 14, 2000 o` neil`m'einberHan made a motion to approve the'"resolution.' The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco made a motion to appoint Ms. Lillian Naruns and Ms. Susan Fox-Rosellini to the 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 Vice Mayor Broucelc.and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Tian, Oldakowski, Vice Mayor Broucek and Mayor ItaSCO Voting Yes. Village Clerk; The Clerk presented to the Council the certificate of Legal Sufficiency for the Charter Amendment: Petition and repeal of Ordinances 99-3 and 99-9. The Clerk, reported that the following proclamations had been issued by the Office of the Mayor during the nianths di February and March: a.) proclaiming Cornell; Week on Key Biscayne; c.) proclaiming American Red Cross Month; c.) proclaiming Key Biscayne Firefighter Appreciation Week. Village Manager. The Manager addressed the Council requesting a motion to increase the rental fee for Calusa Park. Councilmember Bass made a motion to increase the rental fee for Calusa Park to $75.00. The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The Manager addressed the Council regarding the proposed Miami Rowing Club agreement for swimming program. Councilmember Fried made a motion authorizing a pilot program for swimming at the Miami Rowing Club. The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. At this time the Manager and 7ud. Kurlancheek, Director of Building, Zoning and Planning Department addressed the Council regarding the property at 205 West Enid Drive. 8of9 0 March 14, 2000 Councilmember Fein made a motion to extend the meeting to 11:20 p.m. The motion was seconded by Vice Mayor Broucek and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Han voting No. Councilmember Bass was out of the room at the time the vote was taken. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 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 11:20 p.m. tfully submitted: Coachita H. Alvarez, CMC Village Clerk Approved this list day of March . 20 PLoRIpf' Joe L Rasco Mayor IFA 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. 9 of 9 MINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 21, 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 p.m. Present were Councilmembers Scott Bass, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Councilmember Gregory C. Han was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Steve Helfman and Jeffrey Sheffei. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. SPECIAL PRESENTATIONS: The Mayor addressed the Council and the public presenting a short play by the Key Biscayne Music and Drama Club publicregarding the U.S. Census. 4. AGENDA: There were no agenda changes. 5. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the March 14, 2000 Council Meeting. 1 of 4 March 21, 2000 ORDINANCES: 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 Fried made a motion to approve the ordinance on second reading. The motion was seconded by Vice Mayor Broucek. Jud. Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval of the ordinance. Councilmember Oldakowski made an amending motion to include in Sec. 30-11. Definitions. the definition of Commercial vehicles. The motion was seconded by Vice Mayor Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Cocuncilmember Fein made a motion to amend Sec. 30-63. Variances Procedures. by changing section (i) Time limit. to 12 months for the initial term and the extension. The motion was seconded by Vice Mayor Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The Attorney addressed the Council regarding this ordinance. Councilmember Fein made an amending motion to delete Sec. 30-69. Ex-parte Communications. (a) Communications between Council and public. Councilmember Fein withdrew his motion. Councilmember Bass made an amending motion to amend Sec. 30-184. Amount of Required Off - Street Parking. (I) Apartment Building. by changing the parking per unit for apartment building to 2. The motion was seconded by Mayor Rasco and failed by a 2-4 roll call vote. The vote was as follows: Councilmember Bass and Mayor Rasco voting Yes. Councilmembers Fein, Fried, Oldakowski and Vice Mayor Broucek voting No. Councilmember Fried made an amending motion to amend Sec. 30-113. Prohibited Uses. (f) by adding the words "Commercial Vehicles" and deleting "with signage". The motion was seconded by Vice Mayor Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 2 of March 21, 2000 The Mayor opened the public hearing. James Taintor, 355 Harbor Drive; Ellen Blasi, 240 Crandon Boulevard; Linda Mania, 121 Island Drive; John Shubin, Shubin and Bass, 46 S.W. First Street, Miami, representing Fininvest Investment, Ltd. and Tesaurus Holdings, Inc.; Wayne Manla, 121 Island Drive; Judith Burke, Shutts and Bowen 201 South Biscayne Boulevard, Miami, representing Mr. Roberto Cambo; Carter McDowell, Bilzin Sumber Dunn Price & Axelrod, 2500 South Biscayne Boulevard addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council regarding this ordinance. Councilmember Bass made a motion to require the following on commercial properties abutting residential: 1.) Require a 10 ft. wall including heavy landscaping, 2.) hours of operation from 8:30 a.m. to 6:30 p.m. Monday through Saturday and 8:30 to 12:30 on Sunday, 3.) the number of individual stores in the building is limited to three or less and 4.) that the following uses be allowed provided there is a 10 ft. wall with landscaping: bike store, video store, comic book store, intemet store, any store that sells or rents CD's or recorded music and any store that sells or rents motorized products. The motion was seconded by Mayor Rasco and failed by a 3-3 roll call vote. The vote was as follows: Councilmember Bass, Oldakowski and Mayor Rasco voting Yes. Councilmembers Fein, Fried and Vice Mayor Broucek voting No. Councilmember Fein made a motion to table the ordinance to the meeting of April 25, 2000. The motion was seconded by Mayor Rasco and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Fried voting No At this time Mayor Rasco excused himself from the meeting. 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. Councilmember Fried made a motion to approve the ordinance on second reading. The motion was seconded by Councilmember Fein. 3 of 4 March 21, 2000 Councilmember Bass made a motion to table the ordinance to the meeting of April 25, 2000. The 'emotion was seconded by Councilmember Fein and approved by a 4-1 roll call vote. The vote was -as follows: Ctiuncilmembers Bass, 'Fein, Oldakowski and Vice Mayor Broucek voting Yes. Councilmember Fried voting No. RESOLUTIONS: There were no resolutions considered by Council. REPORTS AND RECOMMENDATIONS There were no reports or recommendations. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: :A schedule of future meetings and events was presented to the Council. 1 I. ADJOURNMENT: The meeting Res s u submitted: Conchita IL Alvarez, CMC Village Clerk as adjo .14/17 Approved this ll th day of April , 2000: ed at 9:30 p.m. 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. 4of4 MINUTES VII I AGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 11, 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 p.m Present were Councilmembers Scott Bass, Alan H. Fein, Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Weiss. . INVOCATION: Rabbi Melvin Glazer, Congregation Beth David, gave the invocation. PLEDGE. OF ALLEGIANCE: Rabbi Glazer led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mr. Michael Futterman, CPA, Director for Rachlin Cohen & Holtz JLP Certified Public Accountants, the Village's auditing firm, made a presentation to the Council regarding the 1999 Comprehensive Annual Financial Report. 5. PUBLIC COMMENTS: The following resident addressed the Council: Raul Llorente, 345 Cypress Drive. At this time Councilmernber Fein made a motion to hear agenda Item 913 out of order: The motion was seconded by Vice Mayor Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes: Councilmember Bass voting No. 1 of 7 The Clerk read' the foliowing_resolution by title: April 11, 2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADMONISHING MAYOR RASCO FOR HIS ALIGNMENT WITH MAYOR PENELAS REGARDING THE POLITICAL RHETORIC SURROUNDING THE PLIGHT OF A SIX -YEAR OLD CUBAN BOY; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to approve the resolution. The motion died for lack of a second. At this time Mayor Rasco recognized Mayor Jose Diaz from the City of Sweetwater. 6. AGENDA: The Clerk requested the addition of two resolutions subject to the adoption of Section 29.1-28 (Item 8B1) on second reading as follows; a resolution cancelling special election on petitions and a resolution setting election of property owners in assessment area as Items 9E and 9F. 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the March 21, 2000 Zoning Meeting. 8. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 29.1, "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWER, AND OTHER PUBLIC IMPROVEMENTS," BY CREATING SECTION 29.1-28 '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. Councilmember Fried, made a motion adopting the ordinance on second reading. The motion was seconded by Councilmember Oldakowski. The Mayor opened the public hearing. Will Earle, 375 West Enid Drive; Paul Auchter, 1111 Crandon Boulevard and Conchita Suarez, 201 Crandon Boulevard addressed the Council. The Mayor closed the public hearing. The Attorney addressed the Council regarding this ordinance. There was extensive discussion from Council regarding this issue. 2of7 April 11, 2000 The ordinance failed by a 2-5 roll call vote. The vote was as follows: Mayor Rasco and Councilmember Fein voting Yes. Councilmembers Bass, Fried, Han, Oldakowski and Vice Mayor Broucek voting No. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,-FLORIDA,. AMENDING CHAPTER 25, "TAXATION," OF THE VILLAGE CODE BY AMENDING ARTICLE II "OCCUPATIONAL LICENSE TAX", BY AMENDING SECTION 25-31 "OCCUPATIONAL LICENSE TAX SCHEDULE", BY AMENDING PARAGRAPH PROVIDING LISTING FOR "FINANCIAL INSTITUTIONS", TO CLARIFY THAT SUCH LISTING ALREADY INCLUDES INSURANCE COMPANIES UNDER EXISTING $150.00 ANNUAL RATE; PROVIDING FOR SEVERABILITY; ;,PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. Councilmember Fried made a motion adopting the ordinance on second reading. The motion was seconded byCouncilmember Oldakowski. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The Village Manager addressed the Council regarding this ordinance. The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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 THE ATTACHED AGREEMENT WITH THE FLORIDA LEAGUE OF CITIES, INC. (OCCUPATIONAL LICENSES); PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting. Yes. 3`af7 April 11, 2000 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SHOWING SUPPORT FOR ECONOMIC RECOVERY FOR THE CITY OF HOMESTEAD; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek. Councihnernber Bass withdrew the motion. The Clerk read the following resolution by title: A RESOLUTION OF TIIE VILLAGE COUNCIL OF, VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CONTRACTS FOR INSTALLATION OF LANDSCAPING AND HARD FEATURES IN NINE (9) VISTA PARKS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fried and approved by a 5-2 voice vote, The vote was as follows: Councilmembers Fein, Fried, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmembers Bass and Oldakowski voting No. 10. REPORTS AND, RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Han and Vice Mayor Broucek addressed the Council regarding pedestrian safety on Crandon Boulevard The Manager addressed the Council regarding this issue. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council. There was extensive discussion from Council regarding this issue. It was the consensus of Council to direct staff to look into their concerns and report back to Council at a workshop or Council meeting. Margaret Mauri, 101 Ocean Lane Drive addressed the Council. Mayor Rasco addressed the Council regarding the 12 month evaluation of the Village Clerk. Councilmember Han presented to the Council a survey prepared by the Finance Department regarding duties and salaries of other Clerks within Miami -Dade County, It was the consensus of Council to defer this item to the meeting of April 25, 2000. 0 4of7 April 11, 2000 Mayor Rasco addressed the Council regarding the issue of working hours within the noise ordinance. The Manager addressed the Council regarding this issue stating that the Police Department is conducting a survey for a period of one month. When the survey is completed, the Manager will report back to Council with the results. Camille Guething, 260 Seaview Drive and Haydee Archibald, 881 Ocean Drive addressed the Council. Vice Mayor Broucek gave a report to Council regarding Commissioner Morales' town meeting held on March 22, 2000. Councilmember Fein addressed the Council regarding the status of the Civic Center project construction. The Manager addressed the Council regarding this issue. Councilmember Fein addressed the Council regarding second $10 million financing traunche. It was the consensus of Council to direct staff to prepare an ordinance addressing this issue for the next Council meeting. Councilmember Fein addressed the Council regarding repairs to the men's room at Village Green. Councilmember. Fein addressed the Council regarding a project by the Miami Beach Fire Department in reference to the proper installation of child car seats_ It was suggested that the Fire Chief contact the Miami Beach Fire Department regarding this project. Councilmember Fein addressed the Council stating that he has been working with the School Board together with Mayor Rasco on the issue of obtaining additional classrooms for the Elementary School. Councilmember Fein also addressed the Council regarding the speed of cars on Crandon Boulevard going towards the city. It was the consensus of Council that the Police Chief contact the Miami - Dade County Police Department regarding this issue. Councilmember Fried addressed the Council regarding the Library and the lake project proposed by the Beautification Foundation. At this time Mayor Rasco requested to hear Item 10D2. There was no objection to the request. Wayne Powell, Branch Manager of the Key Biscayne Branch Library, addressed the Council reporting the increased attendance of our residents due to the extended hours of the library. 5 of 7 April 11, 2000 Ilage Attorney." The Attorney'addressed the Council regarding the Fininvest settlement. Elaine Cohenfrom the Attorney's office addressed the Council regarding a time extension of 90 days for the contract to purchase the property at 560 Crandon Boulevard; Councilmember Oldakowski made a motion to extend the time for the purchasing contract for the property at 560 Crandon Boulevard to July 17, 2000. The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Village Clerk. The Clerk presented to the Council, for their information, an estimated cost for legal advertising for the Special Election of May 16, 2000 to be approximately $25,873.40. The Clerk reported that the Office of the Mayor had issued the following proclamations during the month of March: proclaiming the week of March 27th, 2000 as Insurance Week; proclaiming March 21, 200 as Mayor Jose Guillermo Rodriguez Day; proclaiming the week of April 30, 2000 as Days of Remembrance; proclaiming the week of May 7-13, 2000 as NOAA Week and proclaiming the week of May 14, 2000 as Emergency Medical Services week. Village Manager. The Manager presented to the Council an updated report regarding the Beach Renourishment Project. It was the consensus of Council that Mayor Rasco and the Manager meet with Commissioner Jimmy Morales regarding this project, The Manager presented to the Council a letter from the Department of Community affairs regarding the Village's sidewalk project. The Manager presented to the Council a letter from Reverend Jose L. Hernando, Pastor, St. Agnes Catholic Church regarding the proposed plan for curbing on Harbor Drive. 11. OTHER BUSINESS/GENERAL DISCUSSION: At this time Vice Mayor Broucek addressed the Council regarding the recent fire at the Ocean Club. Chief of Fire Rescue John C. Gilbert addressed the Council regarding this issue. It was the consensus of Council to hold a Goals and Objectives Session on Wednesday, May 31, 2000 at 6:00 p.m. in the Council Chamber. 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 9:56 p.m. 6of7 April 11, 2000 Res, , ally submitted: Conchita H. Alvarez, CMC Village Clerk Joe I. Rasco Mayor Approved this 28th day of April, 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. 7of7 Village of Key Biscayne Office of the Village Clerk PUBLIC NOTICE Notice is hereby given that the Zoning Meeting scheduled for Tuesday, April 25, 2000 at 7:00 p.m. in the Council Chamber has been re -scheduled to Tuesday, May 9, 2000 at 7:00 p.m. 85 West McIntyre Street, Second Floor Key Biscayne, Florida. Conchita H. Alvarez, CMC Village Clerk MINUTES SPECIAL COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA FRIDAY, APRIL 28, 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 8:05 a.m. Present were Councilmembers Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe L Rasco. Councilmembers Scott Bass and Alan H. Fein were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney David M. Wolpin. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. CONSENT AGENDA: The following consent agenda was approved by unanimous consent. nutes of the April 11, 2000 Regular Council Meeting. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; OPPOSING THE THREE BALLOT QUESTIONS PROPOSED BY THE PETITIONER'S COMMITTEE FOR THE MAY 16, 2000 VILLAGE OF KEY BISCAYNE SPECIAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. Councilniember'Han made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Haydee Archibald, 881 Ocean Drive; James Peters, 561 Allendale Road; Linda Davitian, 720 Myrtlewood Lane; John Festa, 695 Harbor Lane; Hugh O'Reilly, 475 Allendale Road; Conchita Suarez, 201 Crandon Boulevard; Nancy Doke Harrison, 200 West Mashta Drive; 1 of April 28, 2000 Michael Kahn, 881 Ocean Drive; Molly Baringer, 371 Beachwood Drive and Adrian Guillen, 517 Satinwood Drive addressed the Council. Councilmember Han made an amending motion to add the following Whereas clause: "Whereas the Village Council believes that the ability to specially assess for special projects is an important function of Village government". The motion was seconded by Councilmember Fried and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Vice Mayor Broucek made a motion to eliminate the second, third and fourth whereas clauses from the resolution. The motion was seconded by Councilmember Han and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Han made a motion to include in the last whereas clause the following: "approximately 8 million dollars" and "and the special assessment is a pledge for the repayment of the loan. The motion was seconded by ViceMayor Broucek and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Han made an amending motion to add the following Whereas clause: "Whereas, the sharing of expenses for the sanitary sewer system on a fifty-fifty basis between the affected homeowners and the Village taxpayers is a fair solution for funding the sanitary sewer project". The motion was seconded by Councilmember Oldakowski and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The resolution as amended was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. It was the consensus of Council to send a cover letter signed by Mayor Rasco to the Village residents stating the position of Council on this issue, including this resolution. The Attorney addressed the Council regarding the letter. 5 REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Attorney. The Attorney requested an executive session regarding Tesaurus Holdings, Inc. and Fininvest Investment, Ltd. Case and the Bergfors Case for Tuesday, May 2, 2000 at 8:00 a.m. It was the consensus of Council to hold the executive session on that day. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 2of3 0 Q April 28, 2000 7. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 8. ADJOURNMENT: The meeting was adjourned at 9:00 a.m. Res, • lly submitted: Sae Conchita H. Alvarez, CMC Village Clerk Approved this 9th day of May . 2000: Joe L Rasco Mayor IFA PERSON DECIDES TOAPPEAL ANYDECISION 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. 3of3 MINUTES 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 p.m. 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 II. Alvarez and Village Attorney Stephen J. Helfman. 2. INVOCATION: Reverend Bud Schroeder, Key Biscayne Community Church gave the invocation. 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 Drive; Linda Davitian, 720 Myrtlewood Lane; Sam Davitian, 720 Myrtlewood Lane; Nancy Doke Harrison, 200 West Mashta Drive; Adriana Guillen, 573 Satinwood Drive and Camille Guething, 260 Seaview Drive. 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 April 28, 2000 Special Council Meeting. 8. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearing 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 hearing. Rafael Rojas, member of the Board of Directors of L'Espianade, 933 Crandon Boulevard; Federico Padovan, 425 Grapetree'Drive and Camille Guething, 260 Seaview Drive addressed the Council. The Mayor closed the public hearing. 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 hearing to the June 27, 2000 Zoning Meeting. The motion was seconded by Councilmember Fried and failed by a 2-3 voice vote. The vote was as follows: Councilmember Bass and Mayor Rasco voting Yes. Councilmembers Fried, 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, Fried, Oldakowski and Mayor Rasco voting Yes. Councilmember Han voting No: Councilmember Bass made a motion to continue this hearing 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, Fried, 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 Merit Badge towards their Eagle Scout. 2of7 0 0 May 9, 2000 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. seconded by Councilmember Oldakowski. The Mayor opened the public hearing. There were no speakers present. the public hearing. The Manager addressed the Council regarding this ordinance. The motion was The Mayor closed The ordinance was adopted on first reading by a 4-0 roll call vote. The vote was as follows: Councilmembers Bass, Fried, 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. 3 of 7 May 9, 2000 The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. 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 Fried, 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 hearing. John Shubin, Shubin & Bass, 46 S.W. 1st Street, Miami and Conchita Suarez, 201 Crandon Boulevard addressed the Council. 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, Fried, 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 0 0 May 9, 2000 Councilmember Han madea 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 hearing. 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, Fried, 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 Drive; Robert Baldwin, 290 Sunrise Drive and Meurice Robinson, 355 West Enid Drive 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 Drive; Conchita Suarez, 201 Crandon Boulevard and Michele Padovan, 425 Grapetree Drive addressed the Council regarding the Clerk's evaluation. Councilmember Fried made a motion to increase the Clerk's salary to $56,000 Effective April I, 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 Fried, Oldakowski and Mayor Rasco voting No. The Fried 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 bring 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 April 22, 2000. Mayor Rasco addressed the Council reporting on his recent trip to Tallahassee where he met with the Village's representatives while attending Miami -Dade Days. Village Attorney. The Attomey addressed the Council regarding Ordinance 99-3 which establishes special assessments stating that the items dealt through special assessesments are established in the Florida Statutes. The Village's ordinance is a recitation of the state law under Chapter 170 of the Florida Statutes. The Attorney also addressed the Council regarding the Seaquarium litigation. The Attorney reported that the Seaquarium will be moving forward with an effort to restore and redevelop the Seaquarium 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 during 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 hearing will take place on May 17, 2000. The Manager addressed the Council giving a public works update on the following projects: the beach renourishment 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 Drive/West Heather Drive is ahead of schedule and should be completed by the end of the month; the work hasstarted 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 primarily a beautification of the medians and other cul de sac 6of7 0 Joe L Rasco Mayor May 9, 2000 areas have been improved; phase two of the oceanpark 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 hearing 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 bring 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. lly submitt Conchita. H. Alvarez, CMC Village Clerk IFA 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. 7of7 MINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 23, 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 p.m. Present were Councilmembers Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe L Rasco. Councilmembers Scott Bass and Alan H. Fein were absent. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Pamela J. Rome and Village Attorney Richard Weiss . B PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: Mayor Rasco requested that a discussion be held under Schedule of Future Meetings/Events regarding changing meeting dates. Councilmember Mortimer Fried requested to add a brief discussion under Mayor and Councilmembers regarding the sanitary sewer assessment. 4. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the May 9, 2000 Council Meeting 5. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the following zoning hearing were sworn in by the Deputy Village Clerk. 1 of 4 May 23, 2000 Hearing Number P 00-01. Suntrust Bank, 520 Crandon Boulevard, the applicant is requesting approval of a preliminary plat of property. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council and the public regarding this request recommending approval of the Tentative Plat. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councijmember Fried made, a motion to approve the Tentative Plat. The motion was seconded by Mayor Rasco and approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco' voting Yes. Hearing Number SP 00-01. Reverend Jose L. Hernando, 100 Harbor Drive (St. Agnes Church) is requesting approval of a site plan showing the following improvements; a 10,000 square foot classroom building; a 11,177 square foot Parish Center, a 46 space parking lot and relocation of the basketball court towards Harbor Drive. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council and the Public regarding this request recommending approval of the variances subject to the following conditions: 1.) Submission and approval of a detailed landscape plan prior to the issuance of a building permit; 2.) The plan should reinforce a tropical environment, provide shade and enhance the entranceway and the Harbor Drive Streetscape and 3.) No certificate of occupancy shall be issued until the landscaping has been installed and approved by the Department. The Mayor opened the public hearing. Mr. Juan Silverio Hernandez , 15089 Montrose - Road, Miami, the architect for St. Agnes Church and Reverend Jose L. Hernando addressed tithe Council. The Mayor closed the public hearing. Councilmember Fried made a motion to approve the Site Plan Review. The motion was seconded by Councilmember Han Councilmember Han made an amending motion to approve the variance with the conditions set forth in the Staff report with the following additional conditions: 1.)The basketball court would have a landscaped buffer between the court and the sidewalk; 2.) The parking lot in front of the Parish Center would be composed of a product generically called grasskrete and 3.) That the surface coloring on the basketball court would be green. The motion was seconded by Vice Mayor Broucek and approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Fried, Han and Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 2 of 4 May 23, 2000 6. ORDINANCES: There were no ordinances considered by Council. 7. RESOLUTIONS: There were no resolutions considered by Council. 8. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. It was the consensus of Council to authorize the Village Manager and the Village Attorney to bring back the necessary documentation, including the resolution to establish the public hearing to establish assessments for sanitary sewers. Village Clerk. The Deputy Clerk submitted the Certification of the May 16; 2000 special election results. A motion to accept the certification was made by Vice Mayor Broucek. The motion was seconded by Councilmember Fried and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Village Manager. The Village Manager addressed the Council regarding beach renourishment. The Manager recommended that the Noise Ordinance be amended to allow work on Sunday. It was the consensus of Council to direct the attorney to draft an amendment to the noise ordinance. 9. OTHER BUSINESS/GENERAL DISCUSSION: The Mayor requested that the Regular Council Meeting be held on June 6 and that the Civic Center Workshop be held on June 13 and to move the meeting from July 6 to July 11, 2000. There was no objection to the request. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to Council. 11. ADJOURNMENT: The meeting was adjourned at 8:20 p.m. Respytfully submitte Pamela J. Rome Deputy Village Clerk Approved this 27th day of June , 2000 Joel: Rasco Mayor 3 of 4 May 23, 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 TESL IMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4of4 MINUTES GOALS AND OBJECTIVES WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, MAY 31, 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 6:00 p.m. Present were Councilmembers Scott Bass (arrived at 7:00 p.m.), Alan H. Fein, Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Broucek and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Pamela J. Rome and Village Attorney David Wolpin.. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. The purpose of the meeting was to discuss the Goals and Objectives of the Village Council. By consensus, the Council suggested the following needs that residents might have: 1. Public Safety 2. High Quality Beach 3. High Quality School 4. Venues for Children 5. Venues for Adults 6. Playing Fields 7. Infrastructure 8. Millage Rate Discussions 9. Land Acquisition After extensive discussion and by consensus, the Council recommended the following goals and objectives: I. Top Priority (0-12 Months) 1 of 5 May 31,2000 A. Beach Renourishment. • Administer Renourishment Project • Secure Funding from Miami -Dade County • Secure Dedicated Funding Source from Rickenbacker Causeway Tolls • Study Feasibility of Artificial Reefs • Monitor Beach Improvement B. Beautify All Areas Under Village Control • Reconstruct Playing Field at Key Biscayne Community School • Develop a Comprehensive Landscaping Program for Public Areas • Increase Maintenance Budget • Study Parking Policy and Lack of Parking and Landscaping (Grapetree, Sunrise, Galen and Seaview) C. Civic Center • Community Center • Fire Station • Police/Administration Building • Community Theater/Council Chamber D. Community Information Strategy and Action Plan • Better use of Channel 99 Village Computer System Improvement Program E. Consideration of "Keep Seniors on Key Biscayne" (KSOKB) Government Involvement? • Short and Long Term Policies F. Crandon Boulevard Beautification and Improvements • Develop Plan Street Tree Planting Sidewalks • Curbing • Bus Shelters • Sidewalks to State Park 2 of 5 May 31,2000 Crosswalks (including Button Operated Lights) • Pines Canal Development Vista G. Hire A New Manager H. Ocean Park • Complete Project in Next 12 months • Usage (Entrance, Access, Hours, etc.) I. Pedestrian Comprehensive Strategy • Study and Implement Sidewalk Plan • Develop Budget J. Playing Fields • Pursue Land in Parks • Investigate Purchase of Homes K. Residential Street Signs • Replace Village Street Signs • Reduce Number of Signs L. Sanitary Sewers • Construction • Assessments II. High Priority (12-24 Months) A. Develop High Quality School BalIfields • Increased Parking • New Middle School Building • Partner with Key Biscayne Community School/PIA/ Miami -Dade County Public Schools Harbor Drive Beautification and Improvements 3 of 5 May 31,2000 • Develop Plan • Curbing • Restructure from Crandon Boulevard to Fernwood Road C. Land Acquisition for Passive Bay Park Investigate Mashta Island Property D. Millage Rate E. Ocean Lane Drive Street Beautification and Improvements Reclaim Swales • Sidewalks III. Long Term Objectives (24 Months or More) A. Residential Street Lighting Study (TBD) • Village -Wide Lighting Design Study Replacing Existing Lights with Village Character Lights B. Underground Utilities: Study ($10 M est.) • Explore Financing Options • Holiday Colony • Crandon Boulevard Complete at the Same Time as Street Lighting (Item A) At the request of Council, Police Chief Michael Flaherty addressed the Council on issues of traffic and pedestrian concerns. The following residents addressed the Council: Karen Futernick, 1025 Pacific Road; Donna Rice, 325 Redwood Lane; Kathy Susjner, Director, Key Biscayne Chamber of Commerce; Father Robert Libby, 200 Ocean Lane Drive; Blanca Mesa, 544 Fernwood Road; Robert Baldwin, 290 Sunrise Drive; Camille Guething, 260 Seaview Drive; Fri Meyer, 100 Sunrise Drive; Conchita Suarez, 201 Crandon Boulevard; Bonnie Cooper, 77 Crandon Boulevard and Michele Padovan, 425 Grapetree Drive. 4 of 5 May 31,2000 By consensus, the Council directed the Manager to submit a final draft of the 2000 Goals and Objectives with any recommendations or suggestions that the Manager might have. There being no further business, the meeting was adjourned at 9:30 p.m. Resp c lly submitte, Pamela J. Rome /j Deputy Village Clerk Approved this 27th day of June , 2000 Joe L 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. 5of5 MINUTES VIT I AGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 6, 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 p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Alan H. Fein, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita R Alvarez and Village Attorney Richard J. Weiss. At this time the Mayor addressed the Council and the public informing them of the death of Mr. Rank Garisto, encouraging our citizens to keep him in their prayers. 2. INVOCATION: Father Jose Luis Hernando, Saint Agnes Catholic Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Victor Alonso, R.A, Supervisor, Region IV, Miami -Dade County School Board representative addressed the Council regarding the playing fields at the Community School. Mr. Alonso reported that the plan will consist in the approval of a substantial amount of money for a major capital improvement at the school for a new building, approximately 7 million dollars, in order to make it equivalent to any K-8 facility. Mr. Alonso further reported that the project is expected to be funded for this coming year. The special presentation by I PP P. Marks, Esq. regarding bicycling issues on Key Biscayne did not take place. Mr. Marks did not appear. 1 of 10 June 6, 2000 The Clerk announced that the special presentation by the Key Biscayne Chamber of Commerce will take place together with Item 9C (resolution regarding the Chamber). 5. PUBLIC COMMENTS: The following residents addressed the Council: John Festa, 695 Harbor Lane; Michelle Barnett, 355 West Wood Drive; James Peters, 561 Allendale Road and Linda Davitian, 720 Myrtlewood Lane. 6. AGENDA: Councilmember Oldakowski requested the removal of Items 7B and 7D from the consent agenda and to move the report under Item 9D to Item 10A1; the Attorney requested the withdrawal of Item 10B2; Councilmember Fried requested to amend the entire agenda to reflect the item numbers in the correct order. There was no objection to the agenda changes. 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY TO CONTINUE TO PROVIDE LANDSCAPE MAINTENANCE SERVICES ON THE GROUNDS OF THE KEY BISCAYNE LIBRARY; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH PELCO (POLLUTION ELIMINATION CORPORATION) FOR SERVICING THE NEW SEWAGE PUMP STATION IN THE VILLAGE PARK; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE; FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO TAKE NECESSARY STEPS FOR IMPROVEMENTS TO THE PLAY FIELD AND GROUNDS AT THE KEY BISCAYNE COMMUNITY SCHOOL; 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 COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE VILLAGE MANAGER TO SUBMIT TO THE VILLAGE COUNCIL THE ANNUAL OPERATING AND CAPITAL BUDGET OF THE VILLAGE OF KEY BISCAYNE ON OR BEFORE JULY 15 OF EACH YEAR; PROVIDING FOR AN EFFECTIVE DATE. 2of10 to June 6, 2000 Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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; PROVIDING FOR PUBLIC HEARING CONCERNING SANITARY SEWER IMPROVEMENT PROJECT AND SPECIAL ASSESSMENTS; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Han made a motion to approve the resolution changing the date for the public hearing to July 11, 2000. The motion was seconded by Vice Mayor Broucek. There was extensive discussion from Council regarding this resolution. Councilmember Han made a motion to table this item and hear it as Item 10A5. The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 8. ORDINANCES: 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 DETAILS OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fein. The Mayor opened the public hearing. John Festa, 695 Harbor Lane addressed the Council. The Mayor closed the public hearing. The Manager addressed the Council regarding this ordinance. The ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 3 of 10 June 6, 2000 The Clerk announced the second reading of the ordinance for July 11, 2000. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 2 OF THE VILLAGE CODE, "ADMINISTRATION," ARTICLE III, "CODE ENFORCEMENT," SECTION 2-38, "CONTENTS AND SERVICE OF WARNING" AND SECTION 2-39, "CONTENTS AND SERVICE OF NOTICE" OF THE VILLAGE CODE PROVIDING FOR SERVICE TO COMMERCIAL PREMISES AND PROVIDING PROCEDURE FOR, NOTICE OF TRANSFER OF PROPERTY SUBJECT TO CODE ENFORCEMENT PROCEEDINGS; AMENDING SECTION 2-42, "CIVIL PENALTIES AND RELATED TERMS CONSTRUED," PROVIDING THAT THE VILLAGE MAY REPAIR A VIOLATION THAT PRESENTS A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE AND MAY CHARGE THE VIOLATOR WITH THE REASONABLE COSTS OF REPAIRS; AMENDING SECTION 2-43 "RECOVERY OF UNPAID CIVIL PENALTIES; UNPAID PENALTY TO , CONSTITUTE A LIEN; FORECLOSURE",PROVIDING THAT VILLAGE MAY INITIATE LEGAL PROCEEDINGS TO RECOVER A CODE ENFORCEMENT LIEN IN THE FORM OF A MONEY JUDGMENT; AMENDING SECTION 2-45, "ARTICLE PROVISIONS ARE SUPPLEMENTAL," PROVIDING THAT PROVISIONS OF ARTICLE ARE SUPPLEMENTAL AND CUMULATIVE TO ALL OTHERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.. Councilmember Fried made a motion to adopt the ordinance on first reading. The ,motion was seconded by Councilmember Han. The Attorney addressed the Council regarding this ordinance. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The Clerk announced the second reading of the ordinance for July 11, 2000. 0 4 of 10 June 6, 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", AMENDING SECTION 17-5 "EXEMPTIONS"; AMENDING PARAGRAPH (B) THEREOF' TO CREATE EXEMPTION FOR NOISE CREATED BY PUBLIC IMPROVEMENT PROJECTS OF THE VILLAGE, INCLUDING, BUT NOT LIMITED TO BEACH RENOURISHMENT PROJECTS, SUBJECT TO IMPLEMENTATION BY RESOLUTION OF THE VILLAGE COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fried. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The second reading of the ordinance will be on July 11, 2000. The Clerk read the following ordinance, on second 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. Vice Mayor Broucek made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Han. 5of10 June 6, 2000 The Mayor opened the public hearing. Ed Meyer, 100 Sunrise Drive addressed the Council. The Mayor closed the public hearing.' The Manager addressed the Council regarding this ordinance. The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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 COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN (PBS&J) INC. FOR CONSTRUCTION CONTRACT ADMINISTRATION AND INSPECTION SERVICES FOR THE SANITARY SEWER SYSTEM AND PUMP STATION UPGRADE; PROVIDING FOR AN EFFECTIVE DATE. At this time the Manager requested the withdrawal of this resolution. There was no objection to the request. 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 EXECUTE THE ATTACHED AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND COASTAL SYSTEMS INTERNATIONAL, INC:, (CSI) OF CORAL GABLES, FLORIDA, FOR PROFESSIONAL SERVICES FOR THE PROPOSED 2000 VILLAGE BEACH RENOURISHMENT PROJECT; SUPERSEDING RESOLUTIONS 99-6, 99-66 AND 99-96 ON THE SAME SUBJECT; PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councitmember Oldakowski. The Manager addressed the Council regarding this resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 6of10 0 The Clerk read the following resolution by title: June 6, 2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE SUBLEASE AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE KEY BISCAYNE CHAMBER OF COMMERCE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Han made a motion to approve the resolution. The motion was seconded by Councilmember Fried. The Manager addressed the Council regarding this resolution. Robert Brooks, 3191 Battersea Road, second Vice President of the Key Biscayne Chamber of Commerce addressed the Council. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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 THE 2000 GOALS AND OBJECTIVES, ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN FFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek. It was the consensus of Council to remove the parking structure from the Civic Center. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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; CREATING A CABLE FRANCHISE COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek. Councilmember Bass withdrew his motion. 7of10 June 6, 2000 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Dr. Steve Simon, Playing Field Liaison and Mr. Richard Pinsky, Government Relations Representative addressed the Council regarding the Playing Fields issue stating that a significant loss of playing fieldsspace has taken place at the Community School and at Saint Agnes Catholic Church due to building expansion. Dr. Simon further reported that this loss of playing fields space will have an impact on the programs offered by the Key Biscayne Athletic Club. Dr. Simon also addressed the Council regarding his activities as the Village's Playing Field Liaison reporting his involvement with Commissioner Morales on the issue of parks and also informing the local officials about the lack of green space available within the Village. Mr. Richard Pinsky addressed the Council and the public stating that there are possible legislative, cabinet and Miami -Dade County solutions, but they need to be explored. Mr. Pinsky also reported that there might be some funding solutions. Councilmember Oldakowski and Vice Mayor Broucek addressed the Council regarding the proposals made by the "Keep Seniors on Key Biscayne" group. Dr. Robert Maggs, 155 Ocean Lane Drive and Tony Navarro, 151 Crandon Boulevard addressed the Council. It was the consensus of Council to direct the Manager to allow one of the current staff members to help the "Keep Seniors on Key Biscayne"group in their organizational stage. Councilmember Han addressed the Council regarding the reaction to windstorm insurance increases. Mr. Pinsky, Government Relations Representative, addressed the Council regarding this issue. It was the consensus of Council that Mr. Pinsky and the Attorney draft a resolution addressing the windstorm insurance increases. Councilmember Fein addressed the Council regarding the status of the re -sodding and beautification of the Key Biscayne Community School playing fields. The Manager addressed the Council stating that for this summer the field will be re -sodded. 8of10 J 0 June 6, 2000 Mayor Rasco addressed the Council requesting a status report regarding the mini parks project. The Manager addressed the Council regarding the mini parks reporting that the project is going forward and should be completed by the end of July. At this time Councilmember Han made a motion to remove Item 7B from the table. The motion was seconded by Councilmember Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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; PROVIDING FOR PUBLIC HEARING CONCERNING SANITARY SEWER IMPROVEMENT PROJECT AND SPECIAL ASSESSMENTS; PROVIDING FOR AN El•7N'ECTIVE DATE. There was extensive discussion from Council regarding this issue. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Village Attorney. The Attorney addressed the Council regarding the retainer agreement. Vice Mayor Broucek made a motion to increase the Attorney's fees to $175 per hour. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Village Clerk. The Clerk reported that the Office of the Mayor had issue the following proclamations during the month of May: proclaiming the week of May 22-29 as Poppy Week in Key Biscayne; proclaiming June 14, 2000 as Flag day and proclaiming the month of May as Civility Month. Village Manager. The Manager addressed the Council reporting on the bandstand/gazebo project, introducing Rolando Llanes with Thomas A. Spain, AIA and Rolando Llanes Architects. The Manager reported that the funding for this project will be as follows: half from a state grant and the remainder of the funds will come from a Recreation reserve made up of contributions made by the county and developers at the time of Incorporation. 9of10 June 6, 2000 Councilmember Fried made a motion directing the Manager to proceed with the bid process for this project. The motion was seconded by Councilmember Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The Manager addressed the Council giving an update regarding the sidewalk repair program reporting that all sidewalks will be repaired by the end of this month. The Manager addressed the Council regardingthe hurricane information manual reporting that it will be part of the Village's web site and available to the public in general. The Manager addressed the Council regarding the Pines Canal improvement. 11. OTHER BUSINESS/GENERAL DISCUSSION: At this time the Mayor requested that the Clerk announce the future meetings of the Council. 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 10:30 p.m. Respectfully submitted: Conchita H. Alvarez, CMC Village Clerk Approved this 27th day of ane 2000: Joe L 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 MINUTES CIVIC CENTER WORKSHOP VIII AGE OF KEY BISCAYNE, FLORIDA. TUESDAY, JUNE 13, 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 7:10 p.m. Present were Councilmembers Scott Bass (arrived at 7:35 p.m.), Alan H. Fein, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Councilmembers Mortimer Fried and Gregory C. Han were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Joseph H. Serota. Mayor Rasco led the Pledge of Allegiance. The Mayor welcomed the public to the workshop to discuss the Village's Civic Center. The Mayor introduced Representative Gustavo Barreiro, District 107, who addressed the Council and the public regarding the recent legislative session. Mr. Richard Pinsky, Government Relations Representative, addressed the Council explaining that Senator Silver sent his apologies for not being present tonight due to a last minute commitment in Washington D.C. The Mayor and the Attorney addressed the Council regarding the special presentation by Willie Borroto. Richard Perez, 1221 Brickell Avenue, attorney representing Fininvest, also addressed the Council and the public regarding the following special presentation. At this time Architect Willie Borroto, addressed the Council and the public regarding the project at 200 Crandon Boulevard. 1 of 2 June 13, 2000 The Village Manager addressed the Council introducing the design and construction team for the proposed Village Civic Center Raul Lastra of 0 B.M., the architect for the Fire Station; Robert G. Currie, the Community Center architect; Nina Gladstone, architect for the Administration/Police Station, Carlton Robinson, Senior Interior Designer and Carlos Vilato, Senior Designer Architectural with Spillis, Candela & Partners; Thomas Berley and Rafael Martinez, Jr. of the Florida Department of Management Services; Michael Lanciault from James A. Cummings, Inc. constructor for the project. The following staff members were also present, John C. Gilbert, Chief of Fire Rescue; Michael J. Flaherty, Chief of Police Jud Kurlancheek, Director of Building, Planning and Zoning and Todd Hofferbeth. Recreation Director. The following residents participated in the discussion: Bonnie Cooper, 77 Crandon Boulevard; John Turner, Executive Director YMCA; Ed Meyer, 100 Sunrise Drive; Rafael Perez, 524 Fernwood Road; Julie Alvarez, 150 Sunrise Drive and Shayna Lopate, 150 S.E. 25th Road, Miami. It was the consensus of Council to schedule another Civic Center Workshop for Tuesday, July 18, 2000 at 7:00 p.m, in the Council Chamber: There being no further business, the meeting was adjourned at 11:45 p.m. ully submitted: Aciale Conchita IL Alvarez, CMC Village Clerk Joe L Rasco Mayor Approved this 27th day of June , 2000: IFA 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. 2of2 ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 27, 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 7:11 p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Alan H. Fein, and Mayor Joe T. Rasco. Councilmembers Gregory C. Han, Robert Oldakowski and Vice Mayor Martha F. Broucek were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard J. Weiss and Nancy E. Stroud. . PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: Mayor Rasco requested the addition of a brief discussion regarding the schedule of future council meetings. There was no objection to the agenda change. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the May 23, 2000 Zoning Meeting, the minutes of the May 31, 2000 Goals and Objectives Workshop, the minutes of the June 6, 2000 Regular Council Meeting and the minutes of the June 13, 2000 Civic Center Workshop. 5. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearing were sworn in by the Village Clerk. Hearing Number 00-06-27 RV -02. Curt Bergfors, 600 South Mashta Drive, the applicant is requesting the following variances which are associated with the construction of a deck, pool and trellis: 1.) Permit the rear lot elevation and pool deck in the waterfront zone to have an elevation of 1 ft. 4 in. above the maximum allowed (6 ft. 8 in. N.G.V.D.); 2.) Permit a one story home with 1 of 5 June 27, 2000 an elevated pool deck to exceed the 45% minimum lot coverage requirements by 8% for a total of 53% and 3.) Waive 7 ft. of the required 15 ft. south side setback in order to construct a trellis 8 ft. From the south side property line. Joseph Goldstein, 1221 Brickell Avenue, Miami, attorney for the applicant addressed the Council requesting deferral of this hearing to the July 11, 2000 Council meeting. Councilmember Fein made a motion to continue the hearing at a later date. Councilmember Bass seconded the motion and it failed by a 4-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Mayor Rasco voting No. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation to approve the request. The Mayor opened the public hearing. Joseph Goldstein, 1221 Brickell Avenue, Miami, attorney for the applicant addressed the Council. The Mayor closed the public hearing. Councilmember Fried made a motion approving the request. The motion was seconded by Councilmember Bass and approved by a 4-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Mayor Rasco voting Yes. Hearing Number 00-03-21 RV -02. L'Esplanade on Key Biscayne Condominium Association, Inc., 971 Crandon Boulevard, the applicant is requesting that the Village Council approve the following signs: 1.) One 12.71 sq. ft. (1 ft. 8 in. X 7 ft. 8 in.) externally illuminated monument sign located at the corner of Crandon Boulevard and Sea View Drive (on the elevated mound on private property) and 2.) One 32 sq. ft. (4 ft. X 8 ft.) directory sign mounted on a wall at the southeast entrance to the parking garage. Director Kurlancheek addressed the Council stating that the applicant would like to request deferral of this item. The Mayor opened the public hearing. Rafael Rojas, 923 Crandon Boulevard addressed the Council requesting the deferral of the hearing to the July 11, 2000 Council meeting. Camille Guething, 260 Sea View Drive also addressed the Council. Councilmember Fein made a motion to continue the public hearing to the July 11, 2000 Council meeting. The motion was seconded by Councilmember Fried and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Mayor Rasco voting Yes. 2 of 5 0 0 0 June 27, 2000 6. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ARTICLE II "DEFINITIONS" AND ARTICLE V, "SCHEDULE OF DISTRICT, USE, AND DEVELOPMENT REGULATIONS", OF CHAPTER 30 "ZONING", AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to defer this ordinance to the meeting of August 29, 2000. The motion was seconded by-Councilmember Fein and failed by a 3-1 roll call vote. The vote was as follows: Councilmembers Fein, Fried and Mayor Rasco voting Yes. Councilmember Bass voting No. The Attorney addressed the Council regarding the procedure to adopt this ordinance. 7. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING BID FOR VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT (THE "PROJECT"); APPROVING CONTRACT FOR CONSTRUCTION OF THE PROJECT BETWEEN THE VILLAGE AND RYAN INCORPORATED EASTERN; PROVIDING FOR CONDITIONS; PROVIDING FOR EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Fried. The Manager addressed the Council regarding this resolution. The resolution was approved by a 4-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Mayor Rasco voting Yes. 8. REPORTS AND RECOMMENDATIONS: At this time Mayor Rasco requested to re- schedule the Civic Center Workshop to Monday, July 10, 2000 at 7:00 p.m. in the Council Chamber. There was no objection to the request. At this time the Village Attorney introduced Ms. Nancy E. Stroud, who will head the municipal zoning section of the office. Councilmember Fried made a motion to continue the Council Meeting after the LPA Meeting. The motion was seconded by Councilmember Bass and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Mayor Rasco voting Yes. 3of5 Conchita H. Alvarez, CMC Village Clerk June 27, 2000 Q At 7:43 p.m. the Village Council recessed in order to re -open the Local Planning Agency Meeting. The Mayor reconvened the Council meeting at 9:01 p.m. Director Kurlancheek requested that the record of the LPA Meeting be incorporated in the record of the Council Meeting. There was no objection from Council to the request. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ARTICLE II "DEFINITIONS" AND ARTICLE V, "SCHEDULE OF DISTRICT, USE, AND DEVELOPMENT REGULATIONS", OF CHAPTER 30 "ZONING", AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fein. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was adopted on first reading by a 4-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Mayor Rasco voting Yes. The Clerk announced the second reading of the ordinance for August 29, 2000. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 11. ADJOURNMENT: The meeting was adjourned at 9:04 p.m. Re s e tfully submitted: / 1 _ ly kr su, € PLORIDt" 4of5 0 Approved this llth day of .July. 2000: Joe L Rasco Mayor June 27, 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. 5of5 MINUTES LOCAL PLANNING AGENCY MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 27, 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 Chairman at 7:00 p.m_ Present were Councilmembers Scott Bass, Mortimer Fried, Alan H. Fein, and Mayor Joe I. Rasco. Councilmembers Gregory C. Han, Robert Oldakowski and Vice Mayor Martha F. Broucek were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard J. Weiss and Nancy E. Stroud. 2. CONSENT AGENDA: The_ following consent agenda was approved by unanimous consent: The minutes of the February 22, 2000 Local Planning Agency Meeting. 3. RESOLUTIONS: A public hearing and recommendation of the Village Council sitting as the Local Planning Agency on the following proposed resolution: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF THE VILLAGE OF KEY BISCAYNE LAND DEVELOPMENT REGULATIONS FOR SINGLE FAMILY AND DUPLEXES, ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion recommending the adoption of the Village of Key Biscayne LandDevelopmenfRegulations for single family and duplexes to the Village Council. The motion was seconded by Councilmember Bass. 1 oft Conchita H. Alvarez, CMC Village Clerk June 27, 2000 The Attorney addressed the Council regarding the LPA Meeting procedure. Councilmember Fried made a motion to continue the LPA meeting later in the evening and open the Council meeting at this time. The motion was seconded by Councilmember Bass and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Mayor Rasco voting Yes. At 7:10 p.m. the LPA recessed in order to open the Council Meeting. The Chairman reconvened the LPA meeting at 7:45 p.m. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this resolution recommending that the Village Council adopt the land development regulations as recommended by the Zoning Ordinance Review Committee. Wilfredo Borroto, 241 Harbor Drive addressed the Council regarding these regulations. The Mayor opened the public hearing. John Festa, 695 Harbor Lane and Mike Bracken, 224 West Mashta Drive addressed the Council. The Mayor closed the public hearing. The resolution was approved by a 3-1 voice vote. The vote was as follows: Councilmembers Fein, Fried and Mayor Rasco voting Yes. Councilmember Bass voting No. 4. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. ctfullylsub ran Approved this 29th day ofr, 2002: 5 �T t Joe L Rasco Chairman 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. 2 of 2 MINUTES LOCAL PLANNING AGENCY MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 27, 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 Chairman at 7:00 p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Alan H. Fein, and Mayor Joe I. Rasco. Councilmembers Gregory C. Han, Robert Oldakowski and Vice Mayor Martha F. Broucek were absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard J. Weiss and Nancy E. Stroud. 2. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the February 22, 2000 Local Planning Agency Meeting. 3. RESOLUTIONS: A public hearing and recommendation of the Village Council sitting as the Local Planning Agency on the following proposed resolution: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF THE VILLAGE OF KEY BISCAYNE LAND DEVELOPMENT REGULATIONS FOR SINGLE FAMILY AND DUPLEXES, ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion recommending the adoption of the Village of Key Biscayne Land Development Regulations for single family and duplexes to the Village Council. The motion as seconded by Councilmember Bass. 1 of 2 June 27, 2000 The Attorney addressed the Council regarding the LPA Meeting procedure. Councilmember Fried made a motion to continue the LPA meeting later in the evening and open the Council meeting at this time. The motion was seconded by Councilmember Bass and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Mayor Rasco voting Yes. At 7:10 p.m. the LPA recessed in order to open the Council Meeting. The Chairman reconvened the LPA meeting at 7:45 p.m. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this resolution recommending that the Village Council adopt the land development regulations as recommended by the Zoning Ordinance, Review Committee. Wilfredo Borroto, 241 Harbor Drive addressed the Council regarding these regulations. The Mayor opened the public hearing. John. Festa, 695 Harbor Lane and Mike Bracken, 224 West Mashta Drive addressed the Council The Mayor closed the public hearing. The resolution was approved by a 3-1 voice vote. The vote was as follows: Councilmembers Fein, Fried and Mayor Rasco voting Yes. Councilmember Bass voting Na ADJOURNMENT: The meeting was adjourned at 9:00 p.m. ctfullyrsub itted; fie Conchita H. Alvarez, CMC Village Clerk Approved this 29th day of Jannuuary , 2002: Joe L Rasco Chairman 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 ISMADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE fPPEAL IS TO BE BASED. €c, 2of2 0 0 MINUTES CIVIC CENTER WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, JULY 10, 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 7:05 p.m. Present were Councilmembers Alan H. Fein, Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Councilmember Scott Bass was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney David M. Wolpin. The Mayor welcomed the public to the workshop to discuss the Village's Civic Center. The Village Manager addressed the Council introducing Raul Lastra of O.B.M.; Thomas Berley of the Florida Department of Management Services and Michael Lanciault with James A. Cummings, Inc. also addressed the Council. Randy White, Moyer & Associates, Finance Department Director addressed the Council regarding the financing plan of the Civic Center. The following staff members were also present, John C. Gilbert, Chief of Fire Rescue; Cathy McElhaney, Deputy Chief of Police; Jud Kurlancheek, Director of Building, Planning and Zoning and Todd Hofferbeth. Recreation Director. • The following residents participated in the discussion: Ed Meyer, 100 Sunrise Drive; Blanca Mesa, Fernwood Road; Mabel Miller, 210 Sea View Drive; Bonnie Cooper, 77 Crandon Boulevard; Pat Weinman, 940 Mariner Drive; Bill Cole, 580 Femwood Road; Manny Cambo, Harbor Drive. There being no further business, the meeting was adjourned at 10:05 p.m. 1 of 2 July 10, 2000 Res r - gully submitted: Conchita II. Alvarez, CMC Village Clerk Joe I. Rasco Mayor Approved this24th --day. of .luly 200 IFA 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. 0 MINUTES SPECIAL COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, JULY 24, 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 9:15 a.m. Present were Councilmembers Mortimer Fried, Man Fein, Fein, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe 1. Rasco. Councilmember Scott Bass was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Stephen Helfman. 2. AGENDA: Councilmember Oldakowski requested the removal of Item 3B from the consent agenda. There was no objection to the request. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the July 10, 2000 Civic Center Workshop. Councilmember Oldakowski corrected a scribners'error on page 11 of the minutes of the Regular Council Meetingof July 11, 2000. The minutes as amended were approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 1 of 2 July 24, 2000 4. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH ROBERT G. CURRIE PARTNERSHIP FOR THE DESIGN OF THE COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. Counciimember Fried 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 Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasta voting Yes. At this time Mayor Rasco addressed the Council giving a brief report on his trip to Washington, D.C. with different government officials. 5. ADJOURNMENT: The meeting was adjourned at 9.26 a.m. Res fully submitted: Conchita H. Alvarez, CMC Village Clerk Approve Joe L 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: 2of2 VILLAGE COUNCIL MEETING VITJ AGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 11, 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 p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Alan H. Fein, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard J. Weiss. 2. INVOCATION: Pastor Paul Manuel, Key Biscayne Presbyterian Church, gave the invocation. 3 PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: There were no special presentations. 5. PUBLIC COMMENTS: The following residents addressed the Council: James L. Peters, 561 Allendale Road. 6. AGENDA: Mayor Rasco requested the addition of two resolutions as Items 11B and 1IC and the removal of Items 7J, 7K and 71. from the consent agenda and Item 11A to be heard together with Item 9; Vice Mayor Broucek requested the removal of Items 7C, 7E and 7F from the consent agenda; Councilmember Oldakowski requested the removal of Item 7M from the consent agenda. There was no objection to the agenda changes. 1 of 12 July 11, 2000 7. CONSENT AGENDA: The following consent agenda was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowslci, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. The minutes of the June 27, 2000 Zoning Meeting. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MIILLAGE 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 METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES ANI) REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA- PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE FLORIDA LEGISLATURE TO REFORM THE FLORIDA WINDSTORM UNDERWRITING ASSOCIATION; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH CARR SMITH CORRADINO, A FLORIDA CORPORATION, FOR ARCHITECTURAL/ENGINEERING SERVICES FOR THE KEY BISCAYNE BANDSTAND, PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE VIDEO GRAPHIC EQUIPMENT FROM THE ESTATE OF FRANK GARISTO IN AN AMOUNT OF $12,500; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH MR. JORGE MORA, TO PROVIDE VIDEO GRAPHIC SERVICES FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AN Eli FECTIVE DATE. 2of12 July 11, 2000 8. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearing were sworn in by the Village Clerk. Hearing Number 00-03-21 RV -02. L'Esplanade on Key Biscayne Condominium Association, Inc., 971 Crandon Boulevard, the applicant is requesting that the Village Council approve the following signs: 1.) One 12.71 sq. ft. (1 ft. 8 in. X 7 ft. 8 in.) extemally illuminated monument sign located at the comer of Crandon Boulevard and Sea View Drive (on the elevated mound on private property) and 2.) 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 hearing. Rafael Rojas, member of the Board of Directors of L'Esplanade, 933 Crandon Boulevard; Camille Guething, 260 Sea View Drive and Conchita Suarez, 201 Crandon Boulevard addressed the Council. The Mayor closed the public hearing. Councilmember Bass made a motion to take two separate votes on this request. The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Fein made a motion to approve the monument sign. The motion was seconded by Councilmember Bass and approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmembers Fried, Han and Oldakowski voting No. Councilmember Bass made a motion to approve, the wall sign. The motion died for lack of a second. Councilmember Fein made a motion to deny the request for the wall sign. The motion was seconded by Vice Mayor Broucek and approved by a 6-1 roil call vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. At this time the Mayor requested to hear Item 11A. There was no objection to the request. 3of12 The Clerk read the following resolution by title: July 11, 2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR AND THE VILLAGE MANAGER TO NEGOTIATE WITH MIAMI-DADE WATER AND SEWER DEPARTMENT FOR THE REPLACEMENT OF WATER PIPES IN THE SANITARY SEWER PROJECT AREA AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Rasco madea motion to approve the resolution. The motion was seconded by Vice Mayor Broucek. Richard Pinsky, Government Relations Representative, addressed the Council regarding this issue stating that there are possibilities for funding sources from the Federal, State and Local governments. Lourdes Reyes Abadin, Managing Director, Municipal Fixed Income Division Public Finance with Dain Rauscher and Financial Advisor to the Miami Dade Water and Sewer Department also addressed the Council. The Manager and the Attorney addressed the Council regarding this resolution. Councilmember Han made an amending motion to strike the word "construction" in Section 2 and delete Section 3 entirely. The motion was seconded by Vice Mayor Broucek and approved by 7-0 voice vote, The vote was as follows; Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The resolution asamended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 5 Public Hearing regarding the sanitary sewer improvement project: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING SANITARY SEWER IMPROVEMENT PROJECT (THE "PROJECT"); ADJUSTING, APPROVING AND CONFIRMING IMPOSITION OF SPECIAL ASSESSMENTS ON PROPERTY SPECIALLY BENEFITED BY THE PROJECT TO PAY A PORTION OF THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SPECIAL ASSESSMENTS; PROVIDING FOR EFFECTIVE DATE. 4 of 12 July 11, 2000 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Han. Councilmember Han made a motion to continue the public hearing on November 14, 2000. The motion was seconded by Vice Mayor Broucek. The Mayor opened the public hearing. The motion to continue the public hearing was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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; URGING THAT KEY BISCAYNE, FLORIDA, BE INCLUDED IN PROPOSED H.R. 673 AND S. 2711 FOR THE PURPOSE OF RECEIVING GRANT FUNDS TO IMPROVE THE WATER QUALITY THROUGHOUT THE MARINE ECOSYSTEM OF BISCAYNE BAY, THE SURROUNDING WATERS OF THE ATLANTIC OCEAN, AND THE FLORIDA KEYS; DIRECTING THE VILLAGE CLERK TO FORWARD A COPY OF THIS LEGISLATION TO THE HEREIN DESIGNEES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Linda Davitian, 720 Myrtlewood addressed the Council regarding this resolution. It was the consensus of Council to direct staff to look into whatever funds are available from the State, Federal and Local governments. At this time the Manager withdrew Item 7K. At 8:25 p.m. the Mayor requested a five minute recess. The meeting was reconvened at 8:35 p.m. 10. ITEMS REMOVED FROM CONSENT AGENDA: 5of12 July 11, 2000 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING IN PRINCIPLE THE GOAL OF ENCOURAGING SENIORS TO STAY ON KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Ilan. Councilmember Han made an amending motion to change the word "directed" to "requested" in Section 4, The motion was seconded by Vice Mayor Broucek. The Manager and the Attorney addressed the Council regarding this resolution. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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; AMENDING THE VILLAGE CIVIC CENTER SITE PLAN; RESCINDING RESOLUTION 2000-7 ON THE SAME SUBJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. There was extensive discussion from Council regarding this resolution. Raul I astra, OBM Miami, Inc. addressed the Council. Councilmember Fried made an amending motion to strike "with a parking garage" and "Village Hall Chamber/Community Theater Building". The motion was seconded by Mayor Rasco. Councilmember Fried withdrew his motion. Julie Alvarez, 150 Sunrise Drive addressed the Council. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 6of12 0 0 July 11, 2000 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING AN AMENDMENT TO THE AGREEMENTS WITH OBM ARCHITECTS, SPILLIS, CANDELA & PARTNERS, AND THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES; DIRECTING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSAL FROM ARCHITECTURAL AND/OR PLANNING FIRMS WHO WISH TO ASSIST THE VILLAGE IN DEVELOPING A PROGRAM FOR THE VILLAGE CHAMBER/COMMUNITY THEATER BUILDING; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fein. Director Kurlancheek addressed the Council regarding this resolution. Julie Alvarez, 150 Sunrise Drive and Pat Weinman, 940 Marine Drive also addressed the Council. There was extensive discussion from Council regarding this resolution. The Attorney and the Manager addressed the Council regarding this resolution. Raul T astra, OBM Miami, Inc. addressed the Council. The resolution was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. At this time the Attorney requested the Council to hear Item 12B1. There was no objection to the request. Village Attorney. Elaine Cohen with Weiss, Serota, Helfman Pastoriza and Guedes addressed the Council regarding an extension for the purchase of the property at 560 Crandon Boulevard. Councilmember Oldakowski made a motion to extend the closing of the property to September 7, 2000. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 11. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 OF CAPITAL IMPROVEMENT 7of12 July 11, 2000 Q REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to adopt the ordinance. Councilmember Fein. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bags, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The motion was seconded by The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING. CHAPTER 2 OF THE VILLAGE CODE, "ADMINISTRATION," ARTICLE III, "CODE ENFORCEMENT," SECTION 2-38, "CONTENTS AND SERVICE OF WARNING" AND SECTION 2-39, "CONTENTS AND SERVICE OF NOTICE" OF THE VILLAGE CODE PROVIDING FOR SERVICE TO COMMERCIAL PREMISES AND PROVIDING PROCEDURE FOR NOTICE OF TRANSFER OF PROPERTY SUBJECT TO CODE ENFORCEMENT PROCEEDINGS; AMENDING SECTION 2-42, "CIVIL PENALTIES AND RELATED TERMS CONSTRUED," PROVIDING THAT THE VILLAGE MAY REPAIR A VIOLATION THAT PRESENTS A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE AND MAY CHARGE THE VIOLATOR WITH THE REASONABLE. COSTS OF REPAIRS; AMENDING SECTION 2-43 "RECOVERY OF UNPAID CIVIL PENALTIES; UNPAID PENALTY TO CONSTITUTE' A LIEN; FORECLOSURE", PROVIDING THAT VILLAGE MAY INITIATE LEGAL PROCEEDINGS TO RECOVER A CODE ENFORCEMENT LIEN IN THE FORM OF A MONEY JUDGMENT;; AMENDING SECTION 2-45, "ARTICLE PROVISIONS ARE SUPPLEMENTAL," PROVIDING THAT PROVISIONS OF ARTICLE ARE SUPPLEMENTAL AND CUMULATIVE TO ALL OTHERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance. The motion was seconded by Vice Mayor Broucek. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. 8of12. 0 July 11, 2000 The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek 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, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE", AMENDING SECTION 17-5 "EXEMPTIONS"; AMENDING PARAGRAPH (B) THEREOF TO CREATE EXEMPTION FOR NOISE CREATED BY PUBLIC IMPROVEMENT PROJECTS OF THE VILLAGE, INCLUDING, BUT NOT LIMITED TO BEACH RENOURISHMENT PROJECTS, SUBJECT TO IMPLEMENTATION BY RESOLUTION OF THE VILLAGE COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to adopt the ordinance. The motion was seconded by Councilmember Fried. The Mayor opened the public hearing. James Peters, 561 Allendale Road addressed the Council. The Mayor closed the public hearing. The Manager and the Attorney addressed the Council regarding this ordinance. Vice Mayor Broucek made an amending motion to limit the exemption to the beach renourishment project. Vice Mayor Broucek withdrew her amendment. The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 12. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING EXEMPTION FROM NOISE REGULATIONS FOR PUBLIC IMPROVEMENT PROJECTS OF THE VILLAGE OF KEY BISCAYNE PURSUANT TO SECTION 17-5(B)(2) OF CHAPTER 17 "NOISE" OF THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution with the following amendment: delete "Village's public improvement project" and insert "2000 Beach Renourishment project". The motion was seconded by Councilmember Oldakowski. 9of12 July 11, 2000 The Attorney addressed the Council regarding this resolution. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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; OPPOSING MIAMI-DADE COUNTY'S PROPOSED CHARTER CHANGE WHICH WOULD RESTRICT THE INDEPENDENCE OF FUTURE MUNICIPALITIES TO BE. CREATED AFTER SEPTEMBER 1, 200©. Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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; ENDORSING AND SUPPORTING THE CREATION OF THE MUNICIPALITY OF MIAMI LAKES, WITHOUT UNREASONABLE PRE -CONDITION WHICH WOULD CREATE SECOND CLASS MUNICIPALITIES. Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, 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, ACCEPTING BID FOR VILLAGE BEACH PARK PHASE II (THE "PROJECT"); APPROVING CONTRACT FOR THE PROJECT BETWEEN THE VILLAGE AND DANCO DEVELOPMENT, INC.; PROVIDING FOR E}FECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Han. Mayor Rasco made an amending motion to remove the fountain, the tower and the guard house from the project. The motion was seconded by Councilmember Bass and failed by a 3-4 voice vote. The vote was as follows: Councilmembers Bass, Oldakowski and Mayor Rasco voting Yes. 0 10 of 12 July 11, 2000 Councilmembers Fein, Fried, Han and Vice Mayor Broucek voting No. Raul l astra, OBM Miami, Inc. addressed the Council regarding this project. There was extensive discussion from Council regarding this project. The Manager addressed the Council regarding this project. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski and Vice Mayor Broucek voting Yes. Mayor Rasco voting No. Vice Mayor Broucek made a motion to extend the meeting to 11:10 p.m. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Village Clerk. The Clerk addressed the Council regarding the appointment of a voting and alternate voting delegates to the 74th Annual Conference of the Florida League of Cities, Inc. to be held in Fort Lauderdale, Florida in August. Councilmember Bass made a motion to appoint Mayor Rasco as the voting delegate to the 74th Annual Conference, Florida League of Cities, Inc., Ft. Lauderdale, Florida. The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The Clerk submitted a copies of the following proclamations issued by the Mayor during the month of July: recognizing November 8, 2000 as National Young Reader's Day and recognizing the week of September 17, 2000 as Constitution Week. 13. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Han addressed the Council regarding the attendance of Councilmembers to the meetings. Mayor Rasco addressed the Council regarding the process to review pedestrian laws. It was the consensus of Council to direct the Attorney and the staff to look into the options that are available to the Village regarding this issue. Bill Durham, 748 Glenridge Road addressed the Council. 11 of 12 July 11, 2000 Village Manager. The Manager presented to the Council a letter from Ms. Olga Guilarte regarding a "I-listory House" on Key Biscayne, dated June 21, 2000. It was the consensus of Council to direct the Manager to get in touch with Ms. Guilarte and pursue this matter. The Manager also addressed the Council regarding setting a date as "special recognition day for volunteers for the Village of Key Biscayne". It was the consensus of Council that the Manager set a date for this event. 14. OTHER BUSINESS/GENERAL DISCUSSION: At this time the Attorney requested an Executive Session to discuss the Fininvest lawsuit and an update on the Gardens lawsuit. The Clerk was directed to coordinate the date for the Executive Session with the Attorney and the Council. 15. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 16. ADJOURNMENT: The meeting was adjourned at 11:10 p.m. Res! - ally submitted: Conchita H. Alvarez, CMC Village Clerk Approved this 24th day. of July . 2000: Joe L 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. 0 12of12 VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 29; 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Scott Bass (arrived 7:10 p.m.), Mortimer Fried, Alan H. Fein, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard J. Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: Councilmember Oldakowski requested the addition of a report by Mayor Rasco regarding sewers. There was no objection to the agenda change. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the July 24, 2000 Special Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE FIRST SERVE AT THE ERICSSON TO CONDUCT A CHARITY PROGRAM WHICH SHALL BENEFIT THE COMMUNITY PARTNERSHIP FOR THE. HOMELESS AND THE ASHE-BUCHHOLZ TENNIS CENTER AT MOORE PARK- PROVIDING FOR AN EFFECTIVE DATE. 1,of 10 August 29, 2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, IN CONNECTION WITH AN URBAN AND COMMUNITY FORESTRY GRANT APPLICATION. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO APPROVE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH RACHLIN, COHEN & HOLTZ, LLP FOR AUDITING SERVICES; PPROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SUPPORT FOR EVERGLADES RESTORATION, PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF TIC VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR NATIONAL POLLUTANT DISCHARGE, ELIMINATION SYSTEM (NPDFS) MS4 PERMIT; PROVIDING FOR AN EFFECTIVE DATE. 5. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the following zoning hearings were sworn in by the Village Clerk. The following twohearings were heard. simultaneously: Hearing Number 00-09-29 SP -01. Tesaurus'Holdings, Inc. and Fininvest Investments, a Florida Limited Partnership, 200-240 Crandon Boulevard, the applicant, is requesting approval of a site plan for the construction of a shopping center and renovation/expansion of an existing office building including the construction of a second office. building. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council recommending approval of the variances subject to the following conditions: 1.) A unity of title shall be recorded inthe public records prior to the issuance of a building permit; 2.) The applicant shall construct the following improvements in the public right of ways listed below based on Village specifications: a.) Crandon Boulevard: 10 ft: wide (minimum) decorative sidewalk, lighting, irrigation, street trees, bus shelter, and related improvements and b.) Fernwood Road: traffic calming speed table. These improvements shall be constructed prior to the issuance of any Certificate of Occupancy and 2of10 0 August 29, 2000 included in the plans for a building permit. No building permit shall be issued until the Village and other regulatory agencies approve the plans; 3) The sale of alcoholic beverages after 8:00 p.m. shall only occur if it is part of a meal; 4) Outdoor music is limited to the use of non -amplified instruments and equipment. Outdoor music is prohibited after 10:00 p.m. from Sunday through Thursday and 12:00 a.m. on Friday and Saturday. If amplified music occurs in a restaurant, then a vestibule is required. Further, the Village may require other sound insulation to insure that the music is contained within the building; 5) 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; 6) 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; 7) A sign permit shall not be issued until the Building, Zoning, and Planning Department approves a signage program for the entire project. The signage program shall not include monument signs; 8.) Use of the access drive on Fernwood Road is limited to emergency vehicles. A barricade, gate, or other similar device shall be constructed and locked at all times during the day and evening. The Village's Fire and Police Departments shall be provided with a key to operate the barricade and 9) Compliance with the Fire Department conditions as set forth in their August 18,2000 memorandum to the Building; Zoning and Planning; Department. Hearing Number 00 -09 -29 -RV -04. Tesaurus Holdings, Inc. and Fininvest Investments, a Florida Limited Partnership, 200-240 Crandon Boulevard, the applicant, is requesting four regulatory variances relating to the construction of a shopping center and renovation/expansion of an existing office building including the construction of a second office building. The variances are: 1.) Exceed the maximum permitted floor area mtio of .50 (70,197 total sq. ft) by .12 (17,176 sq. ft.) for a total floor area ratio of .62 (87,323 sq. ft.); 2) Waive 20 ft of the required 20 ft. North sideyard setback in order to place a building on the property line; 3.) Waive 10 ft. of the required 20 ft. East front yard setback in order to place a decorative architectural wall and trellis 10 ft from the front property line; 4) Exceed the maximum permitted lot coverage of 40% (56,158 total sq. ft.) by 18% (25,817 sq. ft.) fora total lot coverage of 58% (81,975 sq. ft.) Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council recommending approval of the variances subject to the following conditions: 1.) A unity of title shall be recorded in the public records prior to the issuance of a building permit; 2) The applicant shall construct the following improvements in the public right of ways listed below based on Village specifications: a.) Crandon Boulevard: 10 ft. wide (minimum) decorative sidewalk, lighting, irrigation, street trees, bus shelter, and related improvements and b.) Fernwood Road: traffic calming speed table: 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; 3) The sale of alcoholic` beverages after 8:00 p.m. shall only occur if it is part of a meal; 4.); Outdoor music is limited to the use of non -amplified 3of10 August 29, 2000 instruments and equipment. Outdoor music is prohibited "after 10:00 p.m from Sunday through 'Thursday and 12:00 a.m. on Friday and Saturday. If amplified music occursin a restaurant, then a vestibule is requited. Further. the Village may require other sound insulation to insure that the music 'is contained Within the building; S.) That the Building, Zoning, and Planning Director is authorized to approve rrrfnor 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;6.) A detailed. Landscapeplan shall, be submitted with thebuilding permit application. "A building per nitIshall not be issued until the Building; Zoning, and Planning,Departmcnt approves. the,landscape.plan. A Certificate of Occupancyshalt not be issued until the landscaping has been instailedrand approved by the Deparunetrt;-7.)= A sign pernt)t,shall not be issued until the Building, Zoning, and Planning Department "approves a signage program for the entira project. The signage program shalt not e monument' sign.* .8.) Use of the access drive on,Fernwood.Road.is;limited.toemergency s.;Stythriaacte% gatee:or other, similar device shall be nuclei and Ioocked at>aal,1times 'itlaYandeVenlng. The Village's Fire anal Police. Departmentsshall be provided with a keythdtriartiedde and 9. ACom ipliartce with the: Vite;Depat'trn'ent CooditirnmaS, sett forth, in their Au 18 2000'tneroranduirt o the Ttrri'ding, Zoningand Planning Dep ent Alan Ictiseher vial Greenberg& Tr ed& attorney representing the applj ant, Willie Borroto, architect 'o the projett and Ronald O:pxzadeld"'landscape•atchiteetl addressed the Council regarding this project. The Mayor opened the public haring.:James:Piladan, '198 Crandon Boulevard; Conchita Suarez, 201'Crandon Boulevard; Ed Meyer, 100 Sunrise Drive; Ilene Theodore,, 151 Crandon Boulevard; Haydee Archibald, 881 Ocean Drive; Antonia Camejo,'151 Crandon Boulevard; Marl,+Fried, 360 G1enr dge Road; Ellen Blasi, Fininvest Investments: addressed the Council. The Mayor closed the'publicliearing, The Attorney addressed the Council regarding these hearings: Councihnember Bass made a motion to continue these hearings at a future date. The motion died for lack of a second. There was extensive discussion fro Council regarding; these hearings. -, CounciImember Fein made a motion to approve the site plan with staff's recommendations. The motion was seconded by Vice Mayor Broucek. Counciimember Han made an amending motion to the site plan to include a paved pedestrian walkway from Fernwood Road. The motion was seconded by Councilmember Fein and approved by a 7-0 roll call vote: The vote was as follows: Councilmembers Bass, Fein, Fried, Han, °ldakowski, Vice,, Mayor Broucek and Mayor Rasco voting Yes. 4•of 10 August 29, 2000 The site plan as amended was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. Councilmember Fein made a motion to approve the variances' request with staff's recommendations including a paved pedestrian walkway from Fernwood Road. The motion was seconded by Vice Mayor Broucek and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. Councilmember Bass excused himself at 8:55 p.m. from the meeting. At this time the Council took a five minute recess. The Attorney addressed the Council acknowledging the exceptional work done by Attorney Ed Guedes from Weiss Serota Helfman Pastoriza and Guedes regarding the Fininvest Case. Hearing Number 00 -08 -29 -CU -01. Metricom, 151 Crandon Boulevard (Key Colony BID, the applicant is requesting a conditional use to permit the installation of monopole antennas (4) on each side of the building. The antennas are necessary for wireless communication devices. Director Kurlancheek addressed the Council recommending approval of the conditional use subject to the antennas: 1.) Having the same color as the buildings and 2.) Being flush mounted with no portion above the parapet. Sheryl Zvi, 425 Aurora Street, representing the .applicant and Key Colony addressed the Council stating Metricom's agrees with the staff report and the recommendations. The Mayor opened the public hearing. Michele Padovan, 425 Grapetree Drive addressed the Council. The Mayor closed the public hearing. Councilmember Fried made a motion to approve the request with staffs recommendations. The motion was seconded by Councilmember Han and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. ORDINANCES: The Clerk read the following ordinance, on first reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 97-21 WHICH PROVIDED FOR THE ADOPTION OF THE POLICE OFFICERS AND FIREFIGHTER'S RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE 5of10 August 29,'2000 CODE; PROVIDING"FOR=AN EFFECTIVE DATE, 2 Councilmember Fried made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Oldakowski. The Mayor opened the public bearing. There the public > hearing. ere no speakers present. The Mayor closed The Attorney addressed the Council regarding this ordinance. The ordinance was approved + on first reading by a 5-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Fein was out of the room at the time the vote was taken. The Clerk announced the second reading of the ordinance for October 10, 2000. rI'he Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ARTICLE II "DEFINITIONS" AND ARTICLE V, "SCHEDULE OF DISTRICT, USE, AND DEVELOPMENT REGULATIONS," OF CHAPTER 30 "ZONING," AND PROVIDING 'FOR AN EFFECTIVE DATE. Councilmember Han made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Oldakowski. Director Kurlancheek addressed the Council recommending the adoption of this ordinance. Willie 'Iiorroto,architect, .also addressed the Council regarding this ordinance. The Mayor opened the public hearing. Richard Gregorie; James Peters, 561 Allendale Road; James Taintor, 355 Harbor Drive; John Festa, 365 Harbor Lane; Adriana Guillen-Tijerino, 573 Satinwood Drive; Deborah de Leon, 100 Buttonwood Drive;,Henny Groscher-Becker addressed the Council: The Mayor closed the public hearing. Councilmember Fried made a motion to defer the adoption of the ordinance to October 10, 2000. The motion was seconded by Vice Mayor Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Basco voting Yes Paul Auchter, Chairman of the ZORC Committee addressed the Council. 6of10 6 August 29, 2000 RESOLUTIONS: 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 EXECUTE CONTRACTS WITH ARCHITECTURAL LANDSCAPE LIGHTING AND SOUTH FLORIDA COASTAL ELECTRIC, INC. FOR THE PURCHASE OF LUMINARIES AND LAMPS AND FOR THE INSTALLATION AT VARIOUS LOCATIONS THROUGHOUT THE VILLAGE; AUTHORIZE THE VILLAGE MANAGER TO ACCEPT CORRECTIVE OFFER FROM ARCHITECTURAL LANDSCAPE LIGHTING; AM) AUTHORIZE THE VILLAGE MANAGER TO PURCHASE ADDITIONAL LUMINARIES FROM ARCHITECTURAL LANDSCAPE LIGHTING OVER THE NEXT TWO (2) YEARS, AUTHORIZE BIDDING FOR FURTHER INSTALLATIONS, PROVIDING FOR AN EFFECTIVE DATE, The Manager addressed the Council regarding this resolution. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Oldakowski was out of the room at the time the vote was taken. 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 EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH DAIN RAUSCHER, INC.; 'PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Fein and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski and Mayor Rasco voting Yes. Vice Mayor Broucek was out of the room at the time the vote was taken. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN INSURANCE AGREEMENT WITH RISK MANAGEMENT ASSOCIATES FOR WORKERS COMPENSATION, PROPERTY, AUTO AND GENERAL LIABILITY COVERAGES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Mayor Rasco and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fein, Fried, 7of10 August 29, 2000 Han, Oldakowski and Mayor Rasco voting Yes.: Vice Mayor Broucek was out of the room at the time the vote was taken. REPORTS AND RECOMMENDATIONS:. The following items were discussed: Mayor and Councilmembers. Mayor Rasco made a motion to reappoint Rosemary Sala, Dennis O'Hara and to appoint Raul x:lotente as Special Masters. The motion was seconded by Cotinaeilmember Oldal'cnwsk 'and"" approved by a 4-L voice vote., The vote was as follows: Counc members Fein, Fried; 'Oldakowski and Mayor Rasco voting Yes.) Councilmember I-lan voting NO. Vice Mayor Brducek was o�[ of the Loom"at,tl etimetl e,vote was taken., CouncilmemberOldakpwskiimadeaMotion.talteconsiderPhaseII;of'the.? illage Beach Park by eliminating the tower. The motion was seconded by Mayor Rasco, s' The Attorney addressed the Council regarding this motion. Tucker Gibbs, attorney for the Sands Condominium; Bill Cole, President of the Beach Club arid Miriam Guillen, 573 Satinwood Drive addressed the Council regarding Phase lief the Village Beach Park. Councilmember Oldakowski's motion failed by a 2-4 roll call vote. The; vote was as follows: Councilmember Oldakowski and Mayor Rasco voting Yes, Councilmembers Fein, Fried, Han and Vice Mayor Broucek voting, No Councilmember Fein addressed the Council regarding the City of South Miami's ordinance on gun safety locks, The Attorney and Michael J. Flaherty, Chief of Police addressed the Council regarding this ordinance. It was the consensus of Council to instruct staff to prepare a resolution supporting the City of South Mann' gun safety policy. Councilmember Fried addressed the Council making a motion to retain an appraiser to determine the value for the property at 530 Crandon Boulevard. The motion was seconded by Councilmember Fein and approved by a 54 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Oldakowski voting No, At this time Vice Mayor Broucek made a motion to extend the meeting until 11:10 p.m. The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilniembers,Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Mayor Rasco addressed the Council giving a brief report regarding the sewer issue. 0 8, of 10 August 29, 2000 Village Attorney. The Attorney addressed the Council regarding the property at 560 Crandon Boulevard requesting an additional extension. Vice Mayor Broucek made a motion to authorize the Village Manager and Village Attorney to extend the closing date up to 14 days. The motion was seconded by Councilmember Han and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. Village Clerk. The Clerk addressed the Council and the public informing them that the following candidates had qualified for the Municipal Election to be held on November 7, 2000: The Honorables Joe L Rasco and Michele Padovan for the Office of Mayor. The Honorables Martha F. Broucek, Mortimer Fried and Gregory C. Han and Mr. Enrique Garcia, Ms. Adriana Guillen, Mr. Ed Meyer and Mr. James L. Peters for the Office of Councilmember. There will only be a primary election for the Office of Councilmember which will be held on October 3. The General Election will be held on November 7, 2000. The Office of the Mayor issued the following proclamation during the month of August: proclaiming October 28, 2000 as "Make a Difference Day in Key Biscayne". Village Manager. The Manager presented to the Council the bid results for the gazebo. Vice Mayor Broucek made a motion to award the contract to Merkury Development. The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. The Manager presented to the Council the Court's decision regarding the Fininvest court case. The Manager addressed the Council giving an updated report regarding the Civic Center and the Vista Parks. The Manager addressed the Council regarding the September 5, 2000 Council Meeting. Councilmember Fein made a motion to cancel the September 5, 2000 Council Meeting. The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 11. ADJOURNMENT: The meeting was adjourned at 11:10 p.m. 9of10 August 29, 2000 Res ' ugly submitted: Approped this 12th day of September . 2000: Conchita H. Alvarez, CMC Village Clerk Joe L Rasco Mayor, IFA 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. Village of Key Biscayne Office of the Village Clerk PUBLIC NOTICE Notice is hereby given that the Regular Council Meeting scheduled for Tuesday, September 5, 2000 at 7:00 p.rn. in the Council Chamber has been cancelled. The next Council Meeting (First Budget Hearing) will be held on September 12, 2000 at 7:00 p.m. in the Council Chamber 85 West McIntyre Street, Second Floor Key Biscayne, Florida. Conchita H. Alvarez, CMC Village Clerk MINUTES REGULAR COUNCIL MEETING AND FIRST BUDGET HEARING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 12, 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET,. SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Alan H. Fein, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe L Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard JWeiss. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. At this time Mayor Rasco addressed the Council and the public stating that the primary order of business tonight is the adoption of the budget and the second order of business will be the agenda for the regular meeting. 3 BUDGET RESOLUTION: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE PROPOSED MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR l'HE FISCAL YEAR COMMENCING OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE; PROVIDING FOR AN EFFECTIVE DATE. 1 of 5 September 12, 2000 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek: The Attorney addressed the Council regarding the procedure for the adoption of the budget. Directors of Finance and Administrative Services, through the firm of Moyer and Associates, Randolph, White and James Ward addressed the Council and the public regarding the budget. The Manager addressed the Council regarding -the budget. The Mayor opened the public hearing. Ed Meyer, 100 Sunrise Drive; James Peters, 561 Allendale Road; Susan Krupnick, Key Biscayne; Haydee Archibald, 881 Ocean Drive, Adriana Guillen, 573 Satinwood Drive addressed the Council. The Mayor closed the public hearing. Police Chief, Michael J. Flaherty'addressedthe Council regarding the addition of one more police officer to the Police Department. The main resolution was approved bya 5-2 roll call vote.' The vote was as follows: Councilmembers Fein, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmembers Bass and Fried voting No. ORDINANCES: The Clerk read the following ordinance,'.on first;reading, by title: ,. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001 PURSUANT TO FLORIDA' STATUTE 200.065 {TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Han. The Mayor opened the public hearing. Ed Meyer, 100 Sunrise Driveaddressed the Council. The Mayor closed the public hearing. The ordinance' was adopted on first reading by a 5-2 roll call vote: The vote was as follows: ,Councilmembers Fein, Han,"Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmembers Bass and Fried voting No. The Clerk announced the second reading of the ordinance on September 26, 2000. 2 of 5 September 12, 2000 At this time the regular council agenda was heard. 5. PUBLIC COMMENTS: The following residents addressed the Council: Mel Lichtenheld, 440 Palmwood Lane; Ed Meyer, 100 Sunrise Drive. 6. AGENDA: Vice Mayor Broucek requested the addition of a brief discussion regarding the tower at the Beach Park Phase lI as Item 9A3; Councilmember Han requested the addition of a brief discussion regarding the pedestrian walkway atFernwood Road for the Fininvest project as Item 9A4; Councilmember Fein requested a brief discussion regarding a learning center on Key Biscayne as Item 9A5. There was no objection to the agenda changes. 7. APPROVAL OF MINUTES: Vice Mayor Broucek made a'motion to approve the minutes of the August 29, 2000 Zoning Meeting. The motion was seconded by Councilmember Han and approved' by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE SCHEMATIC PLANS FOR THE ADMINISTRATION AND POLICE' BUILDING; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek. The Manager addressed the Council regarding this project. Nina Gladstone, Larry Kline and Carlos Vilato with Spillis Candela addressed the Council regarding the project. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this project. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 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 CHAMBER OF COMMERCE FOR FISCAL YEAR 2000; PROVIDING FOR AN EFFECTIVE DATE. 3of5 September 12, 2000 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Fein. The Manager addressed the Council regarding this resolution. The resolution was approved by a 5-1,voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. Conneilmember r Gktlalcowskt was out of the room at,the time the vote was taken - The Clerk read the following resolution by title:: A RESOLUTION OF TUEVILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE CITY OF SOUTH MIAMI, FLORIDA IN THEIR EFFORTS FOR TILE NEED FOR GUN SAFETY; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Bass addressed the Council, regarding the modus operandi of the Village's playing fields liaison appointee. Councilmember Han addressed the Council regarding lids over manhole covers. Vice Mayor Broucek addressed the Council regarding the tower at the Beach Park Phase II. It was the consensus of Council that Vice Mayor Broucek bring this item back before Council as part of a regular agenda. Councilmember Han addressed the Council regarding the pedestrian access to Fernwood Road in the Fininvest project. The Attorney addressed the Council regarding the reconsideration of the pedestrian access. Councilmember Fein addressed the Council regarding a request toestablish a learning center on Key Biscayne. Director Kurlancheek addressed the Council regarding this request 4 of 5 September 12, 2000 Village Attorney. The Attorney addressed the Council regarding the property at 560 Crandon Boulevard. Village Clerk. The Clerk requested deferral of the appointment of a voting and alternate voting delegates to the 2000 Congress of Cities to be held in Boston, Massachusetts on December 5 - 9, 2000 to the next Council meeting. Village Manager. The Manager did not submit a report. 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 11. ADJOURNMENT: The meeting was adjourned at 10:50 p.m. lly submitted: Conchita H. Alvarez, CMC Village Clerk Approved this 26th day of September , 2000: Joei. Rasco Mayor \ IFA 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: 5of5 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 19, 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 8:10 a.m. Present were Councilmembers Scott Bass, Mortimer Fried, Alan H. Fein, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe I. Rasco. Also present were Acting Village Manager Michael J. Flaherty, Village Clerk Conchita H. Alvarez and Village Attorney Elaine Cohen. The Mayor addressed the Council and the public stating that the Special Meeting was called in order to discuss the status of the purchase by the Village of Key Biscayne of 560 Crandon Boulevard from the Estate of "Bebe" Rebozo. The Attorney addressed the Council regarding the agreement. Councilmember Fein made a motion directing the Attorney to close on the property with the following provisions: Purchaser shall receive a $50,000 credit against the purchase price; assignment of Seller's claim against Amoco and Purchaser releases Seller from the indemnification provision. The motion was seconded by Vice Mayor Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Fein had excused himself from the meeting at 8:38 a.m. The closing for the purchase of the property at 560 Crandon Boulevard will be on Thursday, September 21, 2000. It was the consensus of Council to request that the Engineer expedite the 1 of 2 September 19, 2000 cleanup of the property and that the Architect for the Fire Station start the permitting process as soon as the Village closes on the above referenced property. 2. ADJOURNMENT: The meetingwas adjourned at 8: 45 a.m. Res e S fully submitted: Conchita IL Alvarez, CMC Village Clerk ApprovedJhiL25thday of September . 2000: f Joe;L;. 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. 2 MINUTES SPECIAL VIT J AGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 26, 2000 SECOND BUDGET HEARING 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, Mortimer Fried, Alan H. Fein (arrived at 7:08 p.m.), Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe L Rasco. Councilmember Gregory C. Han was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfman. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. - APPROVAL OF MINUTES: Vice Mayor Broueek made a motion to approve the minutes of the September 12, 2000 Council Meeting and First Budget Hearing and the minutes of the September 19, 2000 Special Council Meeting. The motion was seconded by Councilmember Fried and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Bass, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 4. AGENDA: There were no changes to the agenda. 5. BUDGET RESOLUTION: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN Eli 1,LCTIVE ATE. 1 of 4 September 26, 2000 Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fein. The Attorney publicly announced that the rolled -back rate is 3.4545 and the proposed final millage rate is 3.606 which is 4.39% over the rolled -back rate. The. Mayor opened the public hearing. John Festa, 695 Hmbor Lane; Jim Peters, 561 Allendale Load; Sam Davitian, 720 Myrtlewood Lane; Ed Meyer, 100 Sunrise Drive; Michele Padovan, 425 Grapetree Drive addressed the Council;. The Mayor closed the public hearing. Director of Finance and Administrative Services, through the firm of Moyer and Associates, Randy White addressed the Council and the public regarding the budget; Todd Hofferberth, Recreation Department Director, addressed the Council and the public regardi=ng his department's budget; the Manager addressed the Council and the public regarding the Public Works Department budget; Chief of Fire Rescue, John C. Gilbert addressed the Council and the public regarding his department's budget; Chief of Police Michael J. Flaherty addressed the Council and the public regarding his department' s budget; Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council and the public regarding his department's budget:. The Manager addressed the Council and the public regarding the Non -Departmental and Administrative budgets. The Attorney addressed the Council and the public regarding his budget. The Clerk addressed the Council and the public regarding the Office of the Village Clerk's budget. There was extensive discussion from Council regarding the budget. Councilmember Bass made an amending motion to adopt the rolled -back rate (3.4545). The motion was seconded by Councilmember Fried and failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Bass, Fried and Mayor Rasco voting Yes. Councilmembers Fein, Oldakowski and Vice Mayor Broucek voting No. The resolution was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasro voting Yes. Councilmembers Bass voting No. 6. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. 2 of September 26, 2000 Councilmember Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Broucek. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Councilmember Oldakowski made an amending motion to move $250,000 from the operating budget, at the discretion of the Manager, into the facilities reserve in the Capital Outlay. The motion. was seconded by Councilmember Fein. Councilmember Bass made an amendment to the amending motion to move $350,000 from the operating budget, at the discretion of the Manager, into the facilities reserve in the Capital Outlay. The motion was seconded by Councilmember Fried., Councilmember Bass withdrew his motion. The Oldakowski amending motion was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Mayor Rasco made a motion to move $500,000 from the surplus into the emergency reserve fund. The motion was seconded by Vice Mayor Broucek. Mayor Rasco withdrew his motion. The ordinance as amended was adopted by a 5-1 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 97-21 WHICH PROVIDED FOR THE ADOPTION OF THE POLICE OWICERS AND FIREFIGHTER'S RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Fried and adopted by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 7. OTHER BUSINESS/GENERAL DISCUSSION: Mayor Rasco recommended to allocate $500,000 from the surplus into the emergency reserve fund. It was the consensus of Council to direct the Manager to move these funds into the emergency reserve fund. 3 of 4 Joe L Rasco Mayor September 26, 2000 8. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 9. ADJOURNMENT: The meetingwas adjourned at 11:00 p.m. Ite . e i ally submitted: Conchita H. Alvarez,. CMC Village Cierk Approved this 24th day of October , 2000j IFA 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. 0 4 of 4 VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 24, 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, Mortimer Fried, Alan H. Fein, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe L Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Hellman. 2. INVOCATION: Mayor Rasco gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Dr. Lawrence Feldman, Superintendent and Dr. James W. Moye, Director of Region IV, Miami Dade County Public Schools addressed the Council regarding the new middle school building. Victor Alonso, Office of Capital Improvement, Miami -Dade County Schools also addressed the Council regarding the new building which should be completed by 2003. Mayor Rasco on behalf of the Village Council presented a proclamation to Dr. Moye and Dr. Feldman, for their assistance in obtaining additional funding for much needed classrooms for Key Biscayne's new middle school. The Honorable Gustavo A. Barreiro, State Representative and Mr. Richard B. Pinsky, Government Relations Representative addressed the Council and residents regarding grants. Jeffrey Sharkey, Capitol Affiance Group, also addressed the Council regarding the congressional activity for the Village of Key Biscayne. Mr. Al Milian, candidate for the State Attorney's office, addressed the Council and the residents. 1of7 October 24, 2000 Mayor Rasco addressed the Council regarding the difficult situation Village residents experienced' on Saturday, October 21, 2000. Chief of Police, Michael 1. Flaherty addressed the Council regarding the traffic jam on Saturday, October 21, 2000 on Crandon Boulevard. Marcia Monserrat from Commissioner Morales' office addressed the Council introducing the following personnel from Miami Dade County: Lt. A. J. Mechanic, Miami -Dade County Police Department; Manuel Alonso, organizer of the Sunshine Cycling Classic; Jose A. Galan, Miami Dade, County Public Works partment, Causeway Division wh? adrlressed;.the Council regarding this issue. t t 5. PUBLIC COMMENTS: The following residents addressed the Council: Michele Padovan, 425 Grapetree Drive; Lillian NarunS,,,56.1 pton„ ane; Camille Guething, 260 Seaview Drive; Sam Davitian, 720 Myrtlewood Lane and Wend Johannsen, 212 West Mashta Drive. Marcia, Monserrat, Commissioner i bibles, office addressed the Council, introducing Mr. Jeff Cohen, Miami -Dade County Public Works Departm'ent. Mr. Cohen addressed the Council regarding the pedestrian crosswalks on Crandon Boulevard and Crandon Boulevard's Master Plan. Chief Flaherty; also addressed the Council garding this issue. 6. AGENDA: Councilmember Bass,arequested the removal of Item 7B front the consent agenda; Vice,Mayor BBoucek requesteda the addition ofla discussion regarding the Village of Key Biscayne Firefighter's living conditions and salary disputes as Item 1LAS; CounciImember Oldakowski requested to expand hen) 1J'A6 and the Village Manager requested the removal of Item 1 102 from the agenda. There was , bjection, to the agenda changes. CONSENT AGENDA: The following consent agenda was, approved by unanimous consent: The minutes of the September 26, 2000 Second Budget Hearing, A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED CLEANUP AGREEMENT ON BEHALF OF THE VILLAGE; WITH EDWARD E. CLARK ENGINEERS - SCIENTISTS, INC., A FLORIDA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF TIIE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SUPPORT FOR THE CITY OF TAMPA, FLORIDA'S BID FOR THE 2012 OLYMPICS ALSO KNOWN AS THE XXX 01, 1' IAD; PROVIDING FOR AN EFFECTIVE DATE. 2 of 7 0 rT` October 24, 2000 ITEM REMOVED FROM THE CONSENT AGENDA: 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 CHAMBER OF COMMERCE FOR FISCAL YEAR 2001; PROVIDING FOR AN EFFECTIVE DATE. Mayor Rasco made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek. Councilmember Bass made an amending motion to reduce the contract by 50%. The motion was seconded by Vice Mayor Broucek and failed by a 1-6 voice vote. The vote was as follows: Councilmember Bass voting Yes. Councilmembers,Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting No. Ed Stone, 145 Hampton I ane addressed the Council. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting Na 8. BUILDING; ZONING AND PLANNING: All witnesses giving testimony in the following zoning hearings were sworn in by the Village Clerk. Hearing Number P 00-002. SunTrust Bank Real Estate Corporation, 520 Crandon Boulevard, the applicant, is requesting approval of a Final Plat. Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council recommending approval of the Final Plat:' Councilmember Fried made a motion to approval the Final Plat. The motion was seconded by Vice Mayor Broucek and approved' by a 6-0 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass was out of the room at the time the vote was taken. Hearing Number 00 -10 -24 -RV -05. Dr. Roger Khouri, 478 Bay Lane, the applicant, is requesting a variance to permit the elevation of a portion of the front yard ,to be 3 ft. 3 in. higher than the maximum allowed. Vice Mayor Broucek disclosed that she had visited the site. 3 of 7 October 24,;2000 Director Kurlancheek addressed"fheCtamed Arco mmentlmg'deinal of the request as it is inconsistent with the variance review criteria. Architect Wilfredo Borroto, representing the applicant, addressed the Council regarding this siyariabce The Mayor opened the public hearing. Camille±.Guething, 260 Seaview Drive; Sennett Dottenhofer, Matheson Drive; Romelyn. Rieman, 490 Bay Lane; Jennifer Leal, 330 Femwood-Drive; SusanaLeal-Khouri, the, applicant., addressed the Council, The Mayor closed the public hearing. There was extensive discussion from Council, mgarding this variance. Councilmember Bass made a,motion to approve the request as presented. The motion was seconded by Vice Mayor Broucek and approved by a 5-2 rollcall vote. The vote was as follows; Councilmembers Bass, Fein, Fried, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmembers Han and Oldakowskl.voting No: 9 ORDINANCES: The Clerk read the followingordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING ARTICLE II "DEFINITIONS" AND ARTICLE V, "SCHEDULE OF DISTRICT, USE, AND "-DEVELOPMENT REGULATIONS," OF CHAPTER 30 "TONING,". AND. PROVIDING FOR AN EFFECTIVE DATE. DirectorKurlanchek addressed the Council regarding this ordinance: The Mayor opened the public hearing. Reverend Bob Libby, 200 Ocean Lane Drive; 'Deborah de Leon, 100 Buttonwood; Jinn Peters, 561 Allendale Road; Adnana.Guillen, 573 .Satinwood Drive; Heney Groscher, 290 West Mashta Drive; Robert de Leon, 100 Buttonwood; Jim Taintor, 355 Harbor Drive; Richard Gregorie, Key Biscayne; John Festa, 695 Harbor Lane; Michael Kahn, 881 Ocean Drive; Wilfredo Borroto, 241 Harbor Drive; Clay Tootle, 300 GlenndgeRoad; Julie S. Alvarez, 150=Sunrise Drive; James Pilafian, 180 Crandon Boulevard addressed the Council: The Mayor closed the public hearing. Councilmember Fein made an amending motion to remove the definition of guest rooms and to remove the section on guest homes on page 32. The motion was seconded by Councilmember Bass and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 0 447 October 24, 2000 Councilmember Bass made an amending motion to remove the section on bed and breakfast on pages 29 and 30. The motion was seconded by Councilmember Fried. Councilmember Bass withdrew his motion: The ordinance as amended was adopted, on second reading, by a 7-0 roll call vote. The vote was as follows: CounciImembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes: 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FUNDING ASSISTANCE FOR VILLAGE OF KEY BISCAYNE POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN FOR DISABILITY BENEFIT AS REPLACEMENTFOR PROVIDING FUNDING FOR DISABILITY INSURANCE; PROVIDING FOR EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote: The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2000, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $10,000,000, FOR THE PURPOSE OF FINANCING A PORTION OF TIIE COSTS OF CONSTRUCTION OF A FIRE STATION, POLICE STATION, COMMUNITY CENTER AND VILLAGE ADMINISTRATIVE OFFICES, FINANCING ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER PLANNING COSTS RELATED THERETO, AND PAYING COSTS OF ISSUANCE' OF THE BONDS; AWARDING THE SALE OF THE BONDS TO FIRST UNION NATIONAL BANK, PROVIDING FOR SECURITY FOR THE BONDS; PROVIDING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVEDATE. Councilmember Han made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek 5.of 7 October 24, 2000 , At this time Vice Mayor Broucek made a motion to extend the meeting to 11:30 p.m. The motion was seconded by Councihnember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes: The Mayor opened the public hearing. Michele Padovan, 425 Grapetree Drive;, John Festa, 695 Harbor Lane; Jim Peters, 561 Allendale Road; Pat Weinman, 940 Mariner Drive; Michael Kahn, 881 Ocean Drive addressed the Council. The Mayor closed tha public hearing. Jeffrey D. DeCarlo ;Bond Counsel` for the Village of Key Biscayne with Adorno & Zaeder, 2601 SoutkBayshore Drive addressed the Council regardingthis resolution. The Manager and the Attorney addressed the Council regarding this resolution. There was extensive discussion from Council regarding this issue. Councilmember Oldakowski made a motion to extend the meeting to 11:45 p.m. The motion was seconded by Couneilmember: Fried and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski; Vice Mayor Broucek andMayor Rasco voting Yes. Councihmember Han voting No. The resolution was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Raseo voting Yes. Councihmember Bass voting No, NDATIONS: The following items were discussed: Village Attorney. The Attorney did not submit; a report,,: Village Clerk. The Clerk submitted, for the Council's revie 2000' primary election results. ation of the October 3, Counciliiember Han made a motionto accept the certification of the primary election results of October 3, 2000. The motion was seconded by Vice Mayor Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. The Clerk submitted, for the Council's information the Miami Seaquarium Village Florida quality development, developer Marine Exhibition Corporation mentioning that Exhibit"F" is not included, but it is on file in the Office of the Village Clerk. 6of7 0 October 24, 2000 The Clerk submitted copies of the following proclamations issued by the Mayor during the month of October proclaiming October 23-31, 2000 as "Red Ribbon Week"; proclaiming the month of November 2000 as "National Epilepsy Awareness Month"; proclaiming October 22-28, 2000 as "World Population Awareness Week"; proclaiming the week of October 8-14, 2000 as "Fire Prevention Week". 12. OTHER BUSINESS/GENERAL DISCUSSION: At this time Councilmember Han addressed the Council and the residents expressing his gratitude to all for the opportunity to serve on the Village Council. Councilmember Bass addressed the Council regarding the proposed new trailers for the firefighters. This item will be brought back at the meeting of November 14, 2000. 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 11:40 p.m. Wly submittpd: Conchita H. Alvarez, CMC Village Clerk Approved this 14th day of November . 20 Joe L Rasco Mayor IFA PERSON DECIDES TO APPEAL ANYDECISIONMADE 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 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 14, 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 p.m: Present were Councilmembers Scott Bass, Mortimer Fried, Alan H. Fein, Robert Oldakowski, James L. Peters and Mayor Joe L Rasco. Councilmember Martha F. Broucek was absent Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. •' Alvarez and Village Attorney` Stephen J. Heitman. INVOCATION: Reverend Gabriel Sinisi, St. Christopher's by the Sea, gave an invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. . SPECIAL PRESENTATION& Mayor Rasco, on behalf of the Village Council, presented a proclamation to Ms. Kate Hubbell on her retirement, for enriching St. Christopher's Montessori School and the community, 5. PUBLIC COMMENTS: The following residents addressed the Council: Isabel Gambino, 676 Ridgewood Road; Michel Padovan, 425 Grapetree Drive. 6. AGENDA: Councilmember Bass requested the addition of a discussion regarding wheelchair access to the Beach Park as Item 10A11; CounciImember Fein requested to move Items 9C and 10D1 to the beginning of the agenda. There was no objection to the agenda changes. 1 of 7 November 14, 2000 Councilmember Fried made a motion to defer Item 9C, the public hearing regarding the sanitary sewer improvement project, to March 2001. The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Peters and Mayor Rasco voting Yes. The Attorney addressed the Council regarding this public hearing, stating, that it needs to be re - advertised, before it comes back before Council. The Manager also addressed the Council regarding the sanitary sewer construction program. It was the consensus of Council to get a legal': opinion from the Village Attorney regarding the Charter amendment on special assessments, Councilmember Fein excused himself from the meeting at 7:20 pan, 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the October 24, 2000 regular Council Meeting. 8. ORDINANCES: The Clerk read the following ordinance, on fast reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, RELATING TO AD VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE VILLAGE, PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE TIN •• THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. ,. Councilnember Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Oldakowski. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was adopted on first reading by a 5-0 roll call vote. The vote was as follows: Councilmembers Bass, Fried, Oldakowski, Peters and. Mayor Itasca voting Yes. The second reading, of the ordinance will be on November, 28, 2000 at 8:00 a.m. 2of7 November 14, 2000 The flCidrk'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," AMENDING SECTION 17-2 "DEFINITIONS BY CLARIFYING THE TERM "CONSTRUCTION"; AMENDING PARAGRAPH (F) "CONSTRUCTION" OF SECTION 17-3 "PROHIBITED ACTS" TO PROHIBIT NOISE FROM CONSTRUCTION ACTIVITIES ON SUNDAYS AND HOLIDAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this ordinance. Councilmember Oldakowski made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fried. Jud Kurlancheek, Director of Building, Zoning and Planning and Deputy Chief of Police Cathy McElhaney addressed the Council regarding this ordinance. The Attorney addressed the Council regarding this ordinance. The Mayor opened the public hearing. Doug Weiser, 455 Grand Bay Drive; Camille Guething, 260 Seaview Drive; Susan Krupnick Key Biscayne addressed the Council: The Mayor closed the public hearing. Councilmember Peters made an amending motion to include Saturdays in Section 17-3. Prohibited Acts. The motion was seconded by Councilmember Oldakowski and failed by a 3-2 roll call vote. The vote was as follows; Councilmembers Bass, Peters and Oldakowski voting Yes. Councilmember Fried and Mayor Rasco voting No. The ordinance was adopted on first reading by a 4-1 roll call vote. The vote was as follows: Councilmembers Fried, Oldakowski, Peters and Mayor Rasco voting Yes. Councilmember Bass voting No. . RESOLUTIONS: 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 ENTER INTO THE ATTACHED AGREEMENT WITH RODRIGUEZ AND QUIROGA FOR A NEEDS ASSESSMENT/PROGRAMMING AND CONCEPTUAL DESIGNS RELATED TO THE VILLAGE COUNCIL CHAMBER/COMMUNITY THEATER; PROVIDING FOR AN EFFECTIVE DATE. 3of7 November 14, 2000 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. 1 . Director Kurlancheek addressed the Council regarding this resolution. The resolution failed bja`3-1 voice 'vote, The vote was as follows: Councilmembers Fried, Oldakowski and Mayor. Rasco `voting Yes. Cbuneilmember Peters voting Na Councilmember Bass. was out of the roonaiat thb. tine the : tote was taken. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THIRD AIVIENI)MENT TO VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, C. SAMUEL KISSINGER;. PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution, extending the contract to June 21, 2001. The motion was seconded by Mayor Rasco. The Manager addressed the Councilregarding this resolution. The resolution was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Bass, Fried, Oldakowski, Peters and Mayor Rasco voting Yes, At this time Item 10A7 was heard. Councilmember Bass addressed the Council regarding the modus operandi regarding the selection of the next Village Manager: Dr. Steve Simon addressed the Council:•regarding the process to select the. next Village Manager. It was the consensus of Council to direct the Manager to get together with Dr. Simon and bring some guidelines for this process to the December, 5, 2000 Council Meeting. 10: REPORTS AND RECOMMENDATIONS: The following items ere discussed: Mayor and Councilmembers. Mayor Rasco addressed the Council regarding safety on village streets. Deputy Chief of Police McElhaneyaddressedthe Council regarding this issue. Councilmember Fein rejoined the meeting at 8:50 p 4of7 November 14, 2000 was the consensus of Council to direct staff to bring back to the Council meeting of December 5, 2000 the following: cost for the installation of a pedestrian signal light at Crandon Boulevard and Sunrise Drive and the cost to change all traffic light intersections to be pedestrian friendly. Conchita Suarez, 201 Crandon Boulevard and Camille _ Guething, 260 Seaview Drive addressed the Council. Councilmember Oldakowski made a motion to reconsider Item 9A. The motion was seconded by Councilmember Peters and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Peters and Mayor Rasco voting Yes: Councilmember Bass was out of the room at the time the vote was taken. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Fein and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Peters and Mayor Rasco voting Yes. Councilmember Bass was out of the room at the time the vote was taken. Mayor Rasco addressed the Council regarding the need for a policy on tree ; trimming by Village/Village as bird sanctuary. The Manager addressed the Council regarding the tree trimming policy, stating that this incident will not happen again. Councilmember Bass addressed the Council regarding the sign policy on village property. The Attorney will work with staff in order to bring some guidelines to Council regarding this issue. Councilmember Bass requested to defer the potential temporary new trailer for firefighters to the meeting of December 5, 2000. Councilmembers Fein and Bass addressed the Council regarding the firefighters salary disputes and iving conditions. It was the consensus of Council that the Manager bring back with recommendations regarding this issue. Conchita Suarez, 201 Crandon Boulevard; Camille Guething, 260 Seaview Drive and Susan Krupnick, Key Biscayne addressed the Council regarding the firefighters. Chief of Fire Rescue, John C. Gilbert addressed the Council regarding the living conditions at the Fire Station and the repairs that have been made to it Councilmember Bass addressed the Council regarding the lawsuit of Mr. James Pilaf an vs. Tesaurus Holdings and Village of Key Biscayne. 5of7 November 14, 2000 Councilmeinber'Bass addressedthe Council regarding the breaking in and destruction of the Haunted House onthe Village Green and the possible cancellation of next year's festivities. Councilmember Bass addressed the Council regarding the bidding process for mechanical work on village police cars. The Manager addressed the Council regarding; this issue. Councilmember Bass addressed the Council regarding wheelchair access to the Beach Park. r Village Attorney. The Attorney addressedrcthe:Councilregarding the options for playing fields at ° ?Crandon Park It.wassthe.consensus,oFCounal todirect the attorney to look into this issue. Camille Guething, 260 Seaview Drive addressed the Council. Village Clerk. The Clerk addressed the .Council :regarding theeertifieationofthe regular municipal election held on November 7, 2000.. Councilmember Fein made a motion accepting; the Clerk's certification of the election results of the regular municipal election held on November 7 2000.. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows._C'otincilrnembers Bass; Fein, Fried, Oldakowski, Peters and. Mayor Rasco voting Yes. Pursuant to Section 2.02 of the Village Charter, an election was held for the Vice Mayor's seat. Councilmember Fried nominated Councilmember Fein. The motion was seconded , by Councilmember Oldakowski. Councilmember Fein declined. Councilmember Fein nominated Councilmember Oldakowski. The motion was seconded by Councilmember Peters. Councilmember Oldakowski declined. Councilmember Bass nominated Councilmember Fried. The motion was, seconded by Councilmember Peters and approved by a 6-0 voice vote. The vote was as follows: Couneilmembers Bass, Fein, Fried, Oldakowski, Peters and Mayor Rasco voting Yes:. The Clerk presented to the Council the proposed 2001 Council meeting schedule. There were some changes made to the proposed Council meeting schedule. The Clerk reported that the Office of the Mayor had issued the following proclamation during the month of October The Cuban -American National Council. Village Manager. The Manager addressed the Council regarding the awarding of a contract for the installation of underground luminaries along Seaview Drive and portions of Crandon Boulevard. 6of7 November 14, 2000 Vice Mayor Fried made a motion to award the contract to South Florida Coastal Electric, Inc. in the amount of $67,980. The motion was seconded by Mayor Rasco and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. The Manager addressed the Council regarding the 20 mile speed limit recently established for Village streets. Deputy Chief of Police McElhaney addressed the Council regarding this issue. 11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 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 9:55 p.m. Res ' ,.ully submitjed: Conchita H. Alvarez, CMC Village Clerk Approved this 28th day of November. , 20 Joe I. Rasco Mayor IFA PERSONDECIDES 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. MINi3TES SPECIAL COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 28 2000 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 8:10 a.m. Present were Councilmembers Scott Bass, Alan H. Fein, Robert Oldakowski, James L. Peters, Vice Mayor Mortimer Fried and Mayor Joe I. Rasco. Councilmember Martha F. Broucek was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Alison Bieler. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledgeof Allegiance. 3. APPROVAL OF MINUTES: Councilmember Bass offered technical corrections to the minutes. The corrected minutes of the November 14, 2000 Council Meeting were approved by unanimous consent. 4. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RELATING TO AD VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE VILLAGE, PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Bass. 1 of November 28, 2000 The Mayor opened the public hearing; -Reverend-Bob -Libby, 200 Ocean Lane Drive addressed the Council. The Mayor closed the public hearing. The ordinance was adopted on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 5. REPORTS AND RECOMMENDATIONS: The following item was discussed: Village Clerk. The Clerk submitted for the Council's consideration a revised proposed 2001 Council Meeting schedule. 6. OTHER BUSINESS/GENERAL DISCUSSION: Councilmember Oldakowski addressed the Council regarding complaints received from several residents on Palmwood Lane. Director of Building, Zoning arid Planning, Jud Kurlancheek, addressed the Council regarding this issue. Councilmember Fein addressed the Council regarding the election results and counting of the ballots for local elections.; It was the consensus of Council to direct staff to look into the possibility of having the ballots counted, locally on Key Biscayne. 7. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and rmx events was presented to the Council ADJOURNMENT: The meeting was adjo Conchita H. Alvare Village Clerk Approv�rY Joe Rasc ." Mayor ed at 8:53 a.m. %necember IFA 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD` INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2of2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 5, 2000 COUNCIL CHAMBER i85 WEST MCINTYRE STREET, SECOND FLOOR CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order at 7:10 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Robert Oldakowski, James L. Peters and Mayor Joe I. Rasco (arrived at 8:00 p.m.). Vice Mayor Mortimer Fried was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard J. Weiss. 2. INVOCATION: Reverend Fernando Isern, Saint Agnes Catholic Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Fein led the Pledge of Allegiance. Pursuant to Robert's Rules of Order, the Clerk opened the floor for nominations for the election of a mayor pro tem. Councilmember Bass nominated Councilmember Broucek to serve as mayor pro tem. The motion was seconded by Councilmember Oldakowski and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski and Peters voting Yes: 4. SPECIAL PRESENTATIONS: Councilmember Oldakowski presented Five Year Pins to the following Village employees who have completed five years of full-time service: Officers Larry Munoz, Bernard Pita and Ted Zorsky; Firefighter/Paramedic Candice'Roig and Mayra Stone from the Building, Zoning and Planning Department. I of 7 December 5, 2000 5. PUBLIC COMMENTS: The following residents addressed the Council: Antonio Camejo, 151 Crandon Boulevard; Conchita Suarez, 201 Crandon Boulevard; Patricia Weinman, 940 Mariner Drive; Ed Meyer, 100 Sunrise Drive; Christian Johannsen, 212 West Mashta. 6. AGENDA: Councilmember Oldakowski requested the addition of a discussion regarding parking at the Village Green as Item 10A7 and the removal of Item 7C from the consent agenda; Councilmember Bass requested the addition of a discussion regarding additional cleaning crew after a large event as Item I0A8; Councilmember Fein, requested the addition of a discussion regarding the Key Biscayne Library as Item 10A9; the Manager requested the withdrawal of Item 9C There was no objection to the agenda changes 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the November 28, 2000 Special Council Meeting. A RESOLUTION OF THE VILLAGE. OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN CO-PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYS IBM PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY; PROVIDING FOR CONTROL OF POLLUTANT DISCHARGES BETWEEN MUNICIPAL SEPARATE STORM. SEWER SYSTEMS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE THREE NEW VEHICLES FOR THE POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. 8. ITEM REMOVED FROM CONSENT AGENDA: The Clerk read the following resolution by title; A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING APPLICATION FOR 'GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM; PROVIDING FOR AN Er FICTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by CouncilmembenBroucek. The Manager addressed the Council regarding this resolution. 2of7 December 5, 2000 The resolution was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski and Peters voting Yes. 9 ORDINANCES: There were no ordinances, on first reading, considered by Council. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE," AMENDING SECTION 17-2 "DEFINITIONS" BY CLARIFYING THE TERM "CONSTRUCTION"; AMENDING PARAGRAPH (F) "CONSTRUCTION" OF SECTION 17-3 "PROHIBITED ACTS" TO PROHIBIT NOISE FROM CONSTRUCTION ACTIVITIES ON SUNDAYS AND HOLIDAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Broucek. Mayor pro tem Broucek opened the public hearing. Susan Krupnick, Key Biscayne; Clayton Tootle, 300 Glenridge Road and Antonio Camejo, 151 Crandon Boulevard addressed the Council. Mayor pro tem Broucek closed the public hearing. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this ordinance. Councilmember Oldakowski made a motion to prohibit loud construction noise on Saturdays for the single family home district. Councilmember Broucek seconded the motion. Councilmember Oldakowski withdrew his motion. The Attorney addressed the Council regarding this ordinance. The ordinance was adopted on second reading by a 5-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski and Peters voting Yes. It was the consensus of Council to direct staff to prepare an amendment to the noise ordinance prohibiting construction on Saturdays in the single family and duplex residential areas and abutting areas and revise the definition of holidays. 3 of 7 December 5, 2000 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING A TEN STEP SALARY PLAN FOR VILLAGE EMPLOYEES; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. V P Cbune'iltnembcr O'ldakow'ski made a motion to table this resolution to the January 9, 2001 Council i:n.eting The motion was -seconded by Mayor Rasco and approved by a4-2 voice vote. The vote was as'follows touncilmembers Broueek. Oldakows Peters' and Mayor`R�`a�sco'„voting Yes. it i a cd w Cotrnci^Imembe -ass and Fem voting Now The Manager addressed the Council regarding this resolution. The Clerk read the fallowing resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RELATING TO STREET TREES, PETITIONING THE BOARD OF COUNTY COMMISSIONERS TO DIRECT THE MIAMI-DADE COUNTY DEPARTMENT OF PUBLIC WORKS AND TRAFFIC TO ADOPT AN ENVIRONMENTALLY CONSCIENTIOUS STREET TREE PLANTING PROGRAM RASED UPON THE RECOMMENDATIONS SET FORTH HEREIN.` Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote. The vote wasas follows: Councilu,embers Bass, Broucek, Fein, Oldakowski, Peters and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FUNDS FOR THE CONSTRUCTION OF SIDEWALK ALONG WOODCREST ROAD AND PORTIONS OF WEST MCINTYRE, AUTHORIZING AN ENGINEERING' FIRM TO PROVIDE ENGINEERING SERVICES FOR THE SIDEWALK PROGRAM AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. The Manager addressed the Council regarding this resolution. 4of7 0 December 5, 2000 Councilmember Oldakowski made an amending motion to add the word study to the title. The motion was seconded byCounciimember Broucek and approved by a 6M voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters and Mayor Rasco voting Yes. The Attorney addressed the Council regarding this resolution. Chief of Police, Michael J. Flaherty addressed the Council regarding this resolution. Donna Rice, 325 Redwood and Ed Meyer 100 Sunrise Drive addressed the Council regarding the sidewalks. It was the consensus of Council to include in the study Woodcrest to Hampton on to Ridgewood all the way to West Mashta and making Ridgewood a narrower one way street. It was the consensus of Council that staff conduct a vehicular traffic study for Woodcrest and Ridgewood. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters and Mayor Rasco voting Yes. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. The Mayor addressed the Council with recommendations regarding the search for the next Village Manager. It was the consensus of Council that the Mayor will present to the Council a list of search firms at a future Council. meeting. Councilmember Broucek made a motion directing the Manager to amend the Beach Park Phase II contract and eliminate the tower. The motion was seconded by Councilmember Bass and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski, Peters and Mayor Rasco voting Yes.. Councilmember Fein voting No. Councilmember Bass addressed the Council regarding the potential of acquiring a temporary new trailer for the firefighters. Deputy Chief of Fire Rescue, Franklin Barron addressed the Council regarding the trailer situation. Susan Krupnick, Key Biscayne addressed the Council regarding this issue. Councilmember Broucek addressed the Council regarding quarterly reports to citizens about Council actions and projects status. It was the consensus of Council to bring suggestions regarding this issue the January meeting. 5of7 December 5, 2000 3 Councilmember Oldakowski •addressed the Council regarding a: discussion of the existing Village ordinance regulating noise from lawn equipment and leaf blowers. It was the consensus of Council to, direct staff to include these issues in 'the amendment to the noise ordinance. Ed Meyer, 100 Sunrise Drive addressed the Council. Mayor Rasco addressed the Council regarding the planning for the ten year anniversary of Iricorporat'on. It Was the consersus Of Council't6`appoint a Committee that would help in the planning of this event. Council shall submit names to the Office of the Village Clerk, Councilmember Oldakowski addressed the Council regarding parking at the Village Green: It was the consensus of Council to direct staff to bring some suggestions regarding'this issue to a future Council meeting. Chief Flaherty addressed the Council regarding the parking issue. Susan Krupnick, KeyBiscayne, addressed the Council regarding the parking issue. Councilmember Bass addressed the Council regarding additional sanita dcaning crew after large events. It was the consensus of Council to direct the Manager to look into hiring additional cleaning crew after large events. Councilmember Fein 'addressed the Council regarding the Key Biscayne Library system andthe possibility of having our own library system. It was the consensus of Council to direct staff to bring back a feasibility study with different options. Village Attorney. The Attorney addressed the Council with an update regarding, the trademark application for the name "Key Biscayne". The Attorney also addressed the Council regarding playing fields and a plan that has been proposed for Bill Baggs State Park which would preclude any use of recreational facilities in that park. Councilmember Fein made a motion directing the Attorney to express the Council's view to the proper authority in order to prevent the State from adopting such a policy. The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Peters and Mayor Rasco voting Yes.' Councilmember Bass voting Na Village Clerk. The Clerk submitted to the Council a copy of the following proclamation issued by the Office of the Mayor during the month of December 2000: recognizing December 15, 2000 as "Bill of Rights Day in Key Biscayne". 6of7 December 5, 2000 Village Manager. The Manager addressed the Council regarding pedestrian safety issues. Chief Flaherty addressed the Council regarding these issues. The Mayor stated that he will meet next week with Commissioner Morales and requested that the Manager prepare a list of issues that need the Commissioner's attention. The Manager addressed the Council regarding the groundbreaking ceremonies. It was the consensus of Council to direct the Manager to bring before Council an update and options regarding the concern of the residents that live next to the Post Office. 12. OTHER BUSINESS/GENERAL DISCUSSION: The Mayor addressed the Council regarding the sanitary sewer, directing staff to bring this issue at the next Council meeting. 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 10:00 p.m. fully submitted: fog Canchita H. Alvarez, CMC Village Clerk Approve' i 's 9th day of January , 2001: Joe L Raseo Mayor IFA 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. 7of7