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HomeMy Public PortalAbout01-11-00 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE 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 pm Present were Councilmembers Scott Bass (arrived at 7 05 pm), Alan H Fein, Mortimer Fned, Gregory C Han, Robert Oldakowski and Mayor Joe I 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 Rasco led 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 chantable 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 and a 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 Winterfest Committee with a Proclamation 1 of 7 January 11, 2000 5 PUBLIC COMMENTS The following residents addressed the Council Joseph Weisenfeld, 421 Island Dnve, Camille Guething, 260 Seaview Dnve, Louise Heflich, 199 Ocean Lane Dnve, Ed Meyer, 100 Sunnse Dnve, James L Peters, 561 Allendale Road, Jim Taintor, 355 Harbor Dnve, Michael Kahn, 881 Ocean Dnve, Craig Henry, 40 Island Dnve, Ursula Mucci, 177 Ocean Lane Drive, Susan Krupnick, Key Biscayne At this time Commissioner Jimmy Morales addressed the Council and the public, introducing Mr Bill Brandt, Director of Miami -Dade Water and Sewer Department and Mr George Rodriguez, Assistant Director of Miami -Dade Water and Sewer Department Mr Brandt addressed the Council stating that the County does not have a program to fund the replacement of water pipes anywhere within the County Mr Brandt offered that the County would be willing to pay for 50% of the replacement of the water pipes, if the Village contributed with the other 50% Mr Rodnguez addressed the Council regarding the testing of the dunking water supply for asbestos fibers in Key Biscayne He stated that the samples of the water came back well below the accepted standard Mr Rodriguez further stated that the Miami -Dade Water and Sewer Department would be willing to work out a program, during the construction of the sanitary sewer system, in which they would immediately address any ruptures of the water pipes dunng construction Mr Rodriguez also stated that the Miami -Dade Water and Sewer Department would have stand-by crews in order to isolate and repair any ruptures during the construction project in a timely basis The broken pipe shall be replaced with a non -cement asbestos pipe Mr Rodriguez also assured the Council, that the Miami -Dade Water and Sewer Department will meet with the Village Manager, pnor to the construction of the sanitary sewer, in order to establish sampling stations throughout the water distnbution system 6 AGENDA Councilmember Fried requested the addition of a bnef statement regarding Adelphia Cable as Item 12A2 There was no objection to the agenda change At this time, Mayor Rasco made a motion to delete Item 11B from the agenda The motion was seconded by Councilmember Bass and approved by a 4-2 voice vote The vote was as follows Councilmembers Bass, Fein, Oldakowski and Mayor Rasco voting Yes Councilmembers Fried and Han voting No 7 CONSENT AGENDA Councilmember Han requested the removal of Item 7C from the consent agenda and Councilmember Bass requested the removal of Item 7D from the consent agenda There was no objection to the agenda changes The following consent agenda was approved by unanimous consent The Minutes of the December 7, 1999 Regular Council Meeting 2of7 January 11, 2000 A request from Commissioner Jimmy Morales to hold a Town Meeting on Wednesday, March 22, 2000 at 7 00 P M in the Council Chamber 8 ITEMS REMOVED FROM THE CONSENT AGENDA A request from Sean Black, Event Director, Exclusive Sports Marketing, regarding approval for a Family Fitness Weekend that will take place from April 14 to April 16, 2000 on Crandon Park and the Rickenbacker Causeway The requested was approved by a 5-1 voice vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski and Mayor Rasco voting Yes Councilmember Han voting No 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 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR DISASTER RELIEF FUNDING FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) EMERGENCY DECLARATION FEMA-1306-DR-FL RESULTING FROM HURRICANE IRENE, PROVIDING FOR AN EFFECTIVE DATE Councilmember Han made a motion to approve the resolution The motion was seconded by Councilmember Fein and approved by a 5-1 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski and Mayor Rasco voting Yes Councilmember Bass voting No 9 PUBLIC HEARING At this time, the public hearing for the sidewalks for West Wood Drive and West Heather Dnve was heard The Mayor opened the public hearing Jim Asher, 201 West Heather Drive addressed the Council The Mayor closed the public hearing Councilmember Fein made a motion to approve the project The motion was seconded by Councilmember Han The Manager addressed the Council regarding the sidewalks project The motion to approve the project was approved by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Fried, Han, Oldakowski and Mayor Rasco voting Yes 3of7 January 11, 2000 10 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the public hearing were sworn in by the Clerk J--Ieanng Number 99 -10 -26 -RV -04 Gustavo Moreno, 1040 Manner 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 is five (5) ft The Attorney addressed the Council stating that since this application had been before Council there was no need to open the public hearing and that the testimony from the previous hearings be incorporated into this one Councilmember Bass made a motion to approve the variance The motion was seconded by Councilmember 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 Han and Oldakowski voting No 11 ORDINANCES There were no ordinances considered by Council 12 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 A CONTRACT WITH CDC BUILDERS, INC IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AS PREPARED BY OBM MIAMI, INC DATED JUNE 28,1999 IN THE AMOUNT OF $330,000 FOR THE CONSTRUCTION OF PHASE ONE OF THE BEACH PARK MASTER PLAN, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned made a motion to approve the resolution The motion was seconded by Councilmember Oldakowski The Manager addressed the Council regarding this resolution Ed Meyer, 100 Sunnse Dnve 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 as amended was approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fned, Han, Oldakowski and Mayor Rasco voting Yes 4of7 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 Fned 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 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 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 dunng the month of January 2000 recognizing January 19, 2000 as Mast Academy Day, recognizing January 1, 2000 as Miami Seaquanum 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 Cecile Sanchez, 260 Cypress Dnve, Camille Guething, 260 Seaview Dnve and Carlos Coto, 310 Harbor Court addressed the Council Sof7 January 11 2000 It was the consensus of Council to eliminate the proposed wall along Fernwood Drive and to direct the Manager to work with the Architect on the bandstand/gazebo project and bring it back to Council with a proposal The Manager presented to Council a report regarding a Special Master hearing on December 6, 1999 relating to the adjudication of 13 violation notices that were dismissed associated with secunng sites when a Humcane Watch was declared by the Miami Dade County Mayor on September 13, 1999 Jud Kurlancheek, Director of Building, Zoning and Planning 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 tour of neighboring cities facilities and instead produce a narrated video of these facilities and present it to the Council at the workshop The Manager addressed the Council regarding the 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 a 6-0 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Han, Oldakowski 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 submz/ted Conchzta H Alvarez, CMC Vzllage Clerk Approved th 25th day of January , 2000 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 7 of 7