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HomeMy Public PortalAbout1999 Minutes.tifMINUTES VILLAGE COUNCIL MEETING TUESDAY, JANUARY 12, 1999 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDERJROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Scott Bass, Martha Broucek, Alan H. Fein, Robert Oidakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco. Councilmember Mortimer Fried was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conehita 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: Mayor Rasco recognized the Village Clerk for obtaining the Certified Municipal Clerk (CMC) designation from the International Institute of Municipal Clerks for achieving its high educational experience and service requirements. Mayor Rasco on behalf of the Village Council presented a Proclamation to the members of the Winterfest Committee. Mr. Andy Brian, Museum Director, Historical Association of South Florida presented the 1998 AASLI-1 award to the Village for the Key Biscayne Heritage Trail and Brochure. 1 of 10 January 12, 1999 Mr. Lynn Whisenhunt, General Manager, Adelphia Cable, addressed the Council and the public regarding the services that Adelphia Cable provides to the residents of Key Biscayne. Mr. Whisenhunt stated that the system capacity serving Key Biscayne will increase from the present 60 channels to 76 channels in this coming year. The construction process of this upgrade will begin in Marchand will be completed in May of this year. Adelphia will conduct a survey, in conjunction with the Village Manager, to all the residents of the island in May and will launch new serviees on the island in June, 1999. Thanks to the graciousness ,of the Ocean Club Association, Adelphia will install new antennas on top of the Ocean Club Towers. 5. PUBLIC COMMENTS: Lawrence Curtin, 215 Cranwood Drive; Ed Meyer, 100 Sunrise Drive; Craig M. Henry, 40 island Drive addressed the CouneiL 6. AGENDA: Councilmember Broucek requested to hear Items 11A2 and 11A3 together and requested the addition of brief discussion regarding the delivery of agenda packages as Item 11A9; Vice Mayor Han requested the addition of two inquiries for future action, status of Harbar Drive beautification as Item 11A10 and vacating the street light special taxing district as Item 11A11; Councilmember Bass requested the addition of a consideration to provide snacks for the public attending Council Meetings as Item 11Al2; Councilmember Oldakowski requested the removal of Items 7C and 7G frvm the consent agenda; Mayor Rasco requested the removal of Items 7E and 7F from the consent agenda and Councilmember Fein requested the addition of a brief explanation of sidewalks on West Heather as Item 11A13. There was no objection to the agenda changes. 7. CONSENT AGENDA: The following consent agenda was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Minutes of the Local Planning Agency Meeting of December 8, 1998 and the Minutes of the Council Ivleeting of December 8, 1998, A RESOLUTION OF TIIE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING TIIE VILLAGE MANAGER TO EXECUTE THE ATTACHED EASEMENT AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RE -AUTHORIZING THE VILLAGE MANAGER TO PURCHASE A BUILDING PERMIT SYSTEM FROM SIERRA COMPUTER SYSTEMS, INC.; AMENDING THE BUILDING, ZONING, AND PLANNING FEE SCHEDULE BY PROVIDING FOR A NEW FEE TO PAY FOR THE COST OF PURCHASING AND MAINTAINING THE BUILDING PERMIT SYSTEM; PROVIDING FOR AN EFFECTIVE 2of10 January 12, 1999 DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE FIRST SERVE AT THE LIPTON TO CONDUCT A CHARITY PROGRAM WHICH SHALL BENEFIT THE COMMUNITY FOR THE HOMELESS AND THE ASHE-BUCHHOLZ TENNIS CENTER AT MOORE PARK; PROVIDING FOR AN EFFECTIVE DATE. ANNUAL POLICE VEHICLE REPLACEMENT PROGRAM RESOLUTIONS REMOVED FROM CONSENT AGENDA: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING APPLICATION FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made an amending motion to add to Section 3 of the resolution " and sexual orientation". The motion was seconded by Councilmember Fein and approved by a 4-2 voice vote. The vote was as follows: Councilmembers Fein, Oldakowski, Vice Mayor Han and Mayor Basco voting Yes. Councilmembers Bass and Broucek voting No. 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 ISSUE A REQUEST FOR PROPOSALS (RFP) FOR ARCHITECTURAL FIRMS TO SUBMIT THEIR QUALIFICATIONS FOR CONSIDERATION AND SELECTION BY THE VILLAGE COUNCIL AS THE ARCHITECT FOR THE DESIGN AND CONSTRUCTION OF THE EMERGENCY SERVICES COMPLEX ADMINISTRATION BUILDING. Councilmember Han made a motion to table this resolution to the Zoning meeting of January 26, 1999. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 3 of 10 January 12, 1999 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER OF EXECUTE THE ATTACHED AGREEMENT FOR THE PLANNING, ARCHITECTURE AND SERVICES IN CONNECTION WITH THE BEACH PARK WITH O.B.M., MIAMI, INC.; PROVIDING FOR AN EFFECTIVE DATE. Councilrnember Han made a motion to approve the resolution, The motion was seconded by Councilmernber Fein and failed by' a 3-3 voice vote. The vote was as follows: Councihnembers Fein, Oldakowski and Vice Mayor Han voting Yes. Councilmembers Bass, Broucek and Mayor Rasco voting No. 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 SIGN A CONTRACT WITH PORTUONDO, PEROTTI ARCHITECTS FOR CONSTRUCTION OF A PERIMETER MASONRY SEAT WALL AT THE VILLAGE GREEN PARK; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to defer this resolution to the Council Meeting of February 9, 1999. The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 9. ORDINANCES: The Clerk read the following ordinance, on first reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1997-1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on first reading_ The motion was seconded by CounciImember Bass. 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 6-0 roll call vote. The vote was as follows: Counciimembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 4of10 January 12, 1999 The Clerk announced the second reading of this ordinance for the Council Meeting of February 9, 1999. The Clerk read the following ordinance, on, second reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE TITLE OF ARTICLE II FROM "AMENDMENTS TO ZONING ORDINANCE" TO "ADMINISTRATION OF THE ZONING ORDINANCE"; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY AMENDING SECTION 30-23 "GRANTING OF VARIANCES", RENUMBERING AND AMENDING SECTION 30-24 "ADMINISTRATIVE VARIANCES" TO SECTION 30-25, CREATING SECTION 30-24 "SUPERVISORY VARIANCES", AMENDING AND RENUMBERING SECTION 30-25 "PUBLIC HEARING AND NOTICE OF HEARING" TO SECTION 30.28, RENUMBERING SECTION 30-26 "EX-PARTE COMMUNICATIONS TO SECTION 30-29, CREATING SECTION 30-26 "REGULATORY VARIANCES"CREATING SECTION 30-27 "SUMMARY OF VARIANCE REGULATIONS"; PROVIDING FOR SEVERABILITY, REPEALER, INCLUSION IN THE CODE OF THE VILLAGE OF KEY BISCAYNE, AND AN EFFECTIVE DATE. Councilmember Han made a motion to adopt the ordinance on second reading. The mot i was seconded by Councilmember Oldakowski. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. on Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council regarding this ordinance. Councilmember Fein made an amending motion to add the following whereas clause: "Whereas, the Village Council of the Village of Key Biscayne also acts as the Local Planning Agency". The motion was second by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The ordinance as amended was approved on second reading by a 5-1 roll call vote. The vote was as follows:', The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek voting No. 5of10 January 12, 1999 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE FLORIDA, SUPPORTING THE MIAMI-DADE ORDINANCE AMENDING ARTICLES I, II, III AND IV OF CHAPTER IiA OF THE CODE OF MIAMI-DADE COUNTY TO PROHIBIT DISCRIMINATION BASED ON SEXUAL ORIENTATION IN HOUSING CREDIT AND FINANCE, PUBLIC. ACCOMMODATIONS, AND EMPLOYMENT AMENDING ARTICLE VI RELATING TO THE OFFICE OF FAIR EMPLOYMENT PRACTICES TO REQUIRE MIAMI-DADE COUNTY TO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY WITHOUT REGARD TO SEXUAL ORIENTATION, PROVIDING;SAVINGS CLAUSE,SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DAIL. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Fein andapproved by a 5-1 voice vote. The vote was as follows: Councilmembers .Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass 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 COASTAL SYSTEMS INTERNATIONAL, INC. CORAL GABLES, FLORIDA, FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PROPOSED 1999 VILLAGE BEACH NOURISHMENT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Mr. Philip G. Flood, Environmental Manager, Florida Department of Enviromnental Protection addressed the Council regarding this resolution. The Manager addressed the Council regarding this resolution. Councilmember Broucek made an amending motion to add the following last whereas clause: "Whereas, it is anticipated that the cost of the professional engineering services provided for in this resolution will be shared by the State and County governments". The motion was seconded; by Couneilmmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein„ Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 6of10 January 12, 1999 Councilmember Bass made an amending motion to amend the first whereas clause to include "as a first priority". The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The resolution as amended was approved by a 6-0 voice call vote. The vote was as follows: Couneihnembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk read the following resolution by title: ARESOLUTION OF. THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO NEGOTIATE A PROPOSED CONTRACT FOR PURCHASE AND SALE BETWEEN THE VILLAGE AND THE ESTATE AND TRUST OF C.G."BEBE" REBOZO, CONCERNING THE ACQUISITION OF APPROXIIVIATELY TWO ACRES OF LAND AT 560 CRANDON BOULEVARD BY THE VILLAGE; REQUIRING SUBMITTAL OF PROPOSED CONTRACT TO VILLAGE COUNCIL; PROVIDING EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. The Manager addressed the Council regarding this resolution. The resolution was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass was out of the chamber 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 MAYOR WITH THE CONSENSUS OF COUNCIL TO ESTABLISH A ZONING ORDINANCE REVIEW COMMITTEE FOR PURPOSES OF ASSISTING STAFF IN THE PREPARATION OF A NEW ZONING ORDINANCE FOR THE ENTIRE VILLAGE. Councilmember Han made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 7of10 January 12, 1999 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and,Councilmembers. Councihnember Oidakowski addressed the Council stating that he had requested that the Manager prepare a General Fund Financial Projections 1999-2003 in order to give the Council and the community an idea of what the Village can afford before the Goals and Objectives workshop: Councilmennber Fein made a motion to instruct the Village Manager to make as a high priority the identification of and notification to properties with sight -line swale violations that are a safety issue. The motion was seconded by Councilmember Oldakowski and approved by a 5-1 voice vote. The vote was as follows: ConnncilmembersBroucek,-Fein, oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. There was extensive discussion from Council regarding this issue. Frederic Sherman, 320 West Heather Drive; Charles Sherman, 320 West Heather Drive and Jim Taintor, 355 Harbor Drive addressed the Council regarding the swage issue. Councilmember Bass addressed the Council requesting from the Manager a list of funds switched within the budget. Councilmember Bass addressed the Council regarding unlicensed contractors on Key Biscayne. Director Kurlancheek addressed the Council regarding this issue. Councilmember Bass addressed the Council regarding Resolution 98-60 (FEMA) requesting more information, specifically financial figures for Hurricane Georges: The Manager will provide this information to Councilmember Bass. Mayor Rasco deferred the item nominating a committee to develop an ordinance that would create "The Key Biscayne Cultural Affairs Council" to the next Council meeting. Vice Mayor Han requested consensus from Council to request that the Manager report, at the next Council meeting, regarding the status of the beautification on Harbor Drive. Vice Mayor Han addressed the Council requesting that the Manager present an analysis to vacate the street light special taxing districts, before the budget meetings. Councihnember Bass addressed the Council requesting consensus from Council to have snacks available for the public attending the meetings. There was no objection to the request. 8of10 January 12, 1999 Couneilmember Fein addressed the Council regarding the issue of sidewalks on West Heather, stating that this item will be part of the agenda for the next meeting. Councilmember Broucek addressed the Council regarding the delivery date for agenda packages. Couneilmember Broucek made a motion requesting that the agenda packages be delivered on Thursday before the Council Meeting. The motion was seconded by Councilmember Han and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Village Attorney. The Attorney addressed the Council regarding his memorandum to the Village Council concerning prayer at Council Meetings. The Attorney's opinion regarding this issue is that it is constitutionally permissible to open a public meeting of a local municipality with a prayer as long as that prayer is non-partisan or non -denominational and the prayer is not used to advance or disparage any particular faith or belief. Councilmember Bass made a motion to abolish the invocation at the beginning of the Council meetings. The motion was seconded by Councilmember Broucek. Councilmember Bass withdrew his motion. Jacqueline de Leon, 650 Ocean Drive addressed the Council. The Attorney also addressed the Council regarding his letter to the Village Council concerning compliance with debt limit ordinance of the Village of Key Biscayne. Councilmember Oldakowski requested consensus from Council to instruct the Manager to have Rachlin and Cohen address this issue. There was no objection to the request: Village Clerk. The Clerk did not submit a report. Village Manager. The. Manager addressed the Council responding to Resolution 98-62 (additional public meeting space) informing the Council that staff has contacted SunTrust Bank and is waiting for a reply. The Manager addressed the Council giving an up -date report regarding the traffic calming master plan approved by the Village Council in 1996. The Manager addressed the Council regarding the 1999 stormwater utility $7.2 million revenue bond issue (Ordinance 98-9). Percy Aguila, Financial Advisor, addressed the Council regarding this issue. 9of10 January 12, 1999 Couneilmember Broucek made a motion to accept the low bid of Nations Bank at a fixed annual rate of 4.13% for 20 years and authorizing the Village Manager to take any and all actions necessary to finalize the loan documents for the February 9, 1999 Council Meeting. The motion was seconded by Cuuncilmember Fein and approved by a 6-0 roll call vote. The vote was, as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Manager addressed the Council regarding: the public parking policy plan stating that after consideration of this issue, staff has determined that there are several additional parking issues which should also be considered. The Manager has requested that the Building, Zoning and Planning Director develop a draft document which addresses all the issues in question and it will be forwarded to Council in late February or early March, is Tile Manager presented the Council, for information purposes, a memorandum from Cone Constructors, Inc,. Regarding the West Mashta Drive Bridge copper clad finials/flag poles with yard arms. 12. O I'HN.R BUSINESS/GENERAL DISCUSSION: Councilmember Fein briefly addressed the Council reardi g the swage issue. 13. SCHEDULE OF FUTURE' MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 14. ADJOURNMENT: The meeting was adjourned;at 10:10 p.m. Respectfully submitted: Conchita H. Alvarez, CMC Village Clerk ApppErvetl is of January , 1999: Joe I. Rasco Mayor IFA PERSONDECIDES-TOAPPEAL ANT DECISIONMADEBYTHEVILLAGE COUNCIL WITHRESPECT TO ANY MATTER CONSIDERED ATA MEETING OR HEARING, THAT PERSON WILL NEED ARECORD 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 GOALS AND OBJECTIVES WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 19, 1999 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers. Scott Bass, Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Weiss. The purpose of the meeting was to discuss the Council's Goals and Objectives. By consensus, the Council suggested the following needs that residents might have: 1. Public. safety 2. Higjh quality beach 3. High quality school 4. Venues for children 5. Venues for adults 6. Playing fields 7. Infrastructure 8. Millage rate 9. Land acquisition 10. Sidewalks/traffic calming After extensive discussion, and by consensus, the Council recommended the following goals and objectives: 9 1 of 5 January 19, 1996 I. Top priority: Fire Station • Complete Planning • Decision: Direction Design Funding Land Acquisition 2. Police/Fire Administration Building • Complete Planning • Decision: Direction Design Funding, Land Acquisition Community Center/Village Center • Complete Planning' • Decision: Direction Deign Funding, Land Acquisition 4. Playing Fields. • Work with Task Force (Section 25 of CS/SB 74) • Pursue Land from Parks • Explore Possible Acquisition - North of Village Green 5. Beach Nourishment • Complete Planning Process • Administer Project 6. Feasibility/Cost estimates for each project 7. OceanPark • Complete Planning • Development 2 of 5 January 19, 1996 II. High Priority: 1. Street Improvements for Ocean Lane Drive/Crandon Boulevard /Harbor Drive • Street Tree Planting • Sidewalks • School Crossing • Curbing • Bus Shelters • Entrance to State Park • Beautification • Shortening Crosswalks/Intersections Pedestrian Comprehensive Strategy • Update Comprehensive Study Plan • Explore Options to Reduce Vehicular Traffic • Determine Parking capacity 3. Develop High Quality School • Complete Physical Infrastructure • Traffic Calming Around School ($833,000) further discussion is necessary • Develop Partnership with K.B. Community School 4. Zoning/Code Enforcement • Mitigate impact of Building on Neighbors • Improve Building, Zoning and Planning Process and Efficiency 5. Sanitary Sewers • Financing of Project • Design Complete • Bidding • Construction 6. Millage Rate Discussion • Charter Amendment Debt Cap Beautification of All Areas Under Village Control • Policy • Implementation 3 of 5 January 19, 1996 III. Other Priority: Swale Policy • Develop Policy • Enforcement 2. Harbor Drive Parking/Traffic Flow Improvement • Complete Study • Policy Direction Underground Utilities: Study • Feasibility on Sections of Crandon Boulevard • Study Holiday Colony Complete in Conjunction with Street Lighting Explore;FFinaneing Options 4. Corwnamity Information Strategy and Action Plan • Effective Communication Skills • Better Use of Channel 99 5. Traffic Calming Strategy (Island wide) 6. Residential Street Signs • Complete Study • Replace Village Street signs 7, Residential Street Lighting Study • Replacing Existing Lights with Village Character Lights Village Wide Lighting Design Land Acquisition for Passive Bay Park • Investigate Mashta Island Property Virginia Key • Continue to Monitor By consensus, the Council directed the Manager to submit a final draft of the 1999 Goals and Objectives with any recommendations or suggestions that he might have. There being no further business, the meeting was adjourned at 10:55 p.m. 4of5 January 19, 1996 idly submitted: Aci," Conchita IL Alvarez, CMC, Village Clerk Approve Joe L Rasco Mayor 1999! IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY 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 VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 26, 1999 ` COUNCIL CHAMBER 85 WEST IvICINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was railed to order by the Mayor at 7:00 p.m. Present were Councilmembers Scott Bass, Martha Broucek, Alan H. Fein, Robert Oldakowski, Vice Mayor Gregory C. Han (arrived at 7:08 p.m.) and Mayor Joe I. Rasco. Councilmember Mortimer Fried was absent. Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita I -I. Alvarez and Village Attorneys' Jeffrey SheffeI and Richard Weiss. 2 PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. ELECTION OF NEW CHAIRMAN: Councilmember Bass made.a motion nominating Councilmember Broucek as Chairman. The motion was seconded by Councilmember Fein. Councilmember Broucek declined due to special family circumstances. Councilmember Broucek made a motion nominating Councilmember Fein as Chairman. The motion was seconded by Councilmember Bass. Councilmember Broucek withdrew her motion. Councilmember Broucek made a motion to nominate Mayor Rasco as Chairman. The motion was seconded by Councilmember Fein and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski and Mayor Rasco voting Yes. 4. ORDINANCES: The clerk read the following proposed ordinance, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE i of January 26, 1999 "VILLAGE"); AMENDING FHIi, COMPREHENSIVE MASTER PLAN OF THE VILLAGE (TH "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING THE FUTURE LAND USE CATEGORY DESCRIPTIONS (THE "DESCRIPTION"); BY REVISING "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN MINIMUM LOT SIZE REQUIREMENTS; AMENDING "COMMERCIAL" DESCRIPTION TO ENABLE RESIDENTIAL USE TO BE PROVIDED WITH COMMERCIAL USE, SUBJECT TO DENSITY RESTRICTIONS;, CREATING ADESCRIPTION FOR'"PARK SIDE TRANSITIONAL RESIDENT,IAT.4% TO FAC`.II ITATE TitANSr1ION FROM CERTAIN COMMERCIAL, OFFICE AND. OTHER USES TO RESIDENTIAL USE; REVISING A PORTION OFTHE FUTURE LANDUSE-MAP PERTAINING TO .CERTAIN PROPERTIES°ADJOINING CRANDON BOULEVARD WATCH ARE ENVISIONED TO Itt S TO THF PARK SIDE TRANSITIONAL RESIDENTIAL DESCRIPTION; AMENDING TIME F URE, LAND USE, ELEMEN BY ESTABLISHING A POLICY THAT WILL PE *.OR ,EXPANDED DEVELOPM BY ALLOWING 1HN TRANSFER OF RESIDENTIAL UNITS FROM PROPERTIES ON THE EASTSIDE OP R D BOULEVARD TO PROPERTIES ON ,THE. WEST SIDE OF CI ANDON (SFFK,}i.TTA�HEII :MAP,, AMENDING THE` CAPITAL IIPIiO MEI+ITS TAE GO11 P EIIENSIVE PLAN BY PROVIDING FOR DD1`nON POLICIES; PRt3VIDJN FOJ2 ;SP� II TTY, 'CODE;OF TIME VILLAGE Vice MayorlIan made a motion recommending the ordinance, as presented to the Village Council. The motion as,secorid"ed by'`Council ember Fein. JudXurlan< 01\{{`yan . Diaettor ofBuilding, Zoning and Planning addressed the Council regarding this The Mayor opened the public hearing. Mark Fried, 360 Glenridge Road; R T. Hodges, 255 Glenridge "Road; Craig Trocino, 245 Glenridge Road; Ed Stone, 145 Hampton Lane; Guy Smith, 76f FenxwoodRoad; The Mayor closed the public hearing. The Attorney addressed the`Council regarding,t is ordinance. Councihnember Broucek made"a motion that the LPA recommend the adoption of the ordinance to the Village Council deleting the mixed use on the West side of Fernwood Road. The motion was seconded by Councilmember Fein. The motion was tabled, 2,of 4 January26, 1999 Mayor Rasco made a motion to deny the amendment to the Master Plan. The motion was seconded by Councilmember Bass. Councilmember Fein called the question and it was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Rasco motion failed by a 2-4 roll call vote. The vote was as follows: Councilmember Bass and Mayor Rasco voting Yes. Councilmembers Broucek, Fein, Oldakowski and Vice Mayor Han voting No. Councilmember Broucek requested to remove her motion from the table. There was no objection to the request. Councilmember Broucek withdrew her motion. Councilmember Fein made a motion to defer recommending the ordinance to the Village Council to the meeting of March 9, 1999. The motion was seconded by Councilmember Oldakowski. Councilmember Broucek made a motion to direct staff to send notices to all the affected property owners on Fernwood Road, Crandon Boulevard and Glenridge Road. The Mayor re -opened the public hearing. There were no speakers present. Councilmember Fein made an amendment to the amending motion to continue the public hearing and defer recommending the ordinance to the Village Council to the meeting of February 23, 1999. The motion was seconded by Councilmember Oldakowski and approved by a 42 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski and Mayor Rasco voting Yes. Councilmember Bass and Vice Mayor Han voting No. Councilmember Broucek made a motion to direct staff to look into the feasibility of a comprehensive master plan amendment to remove duplexes on Femwood from Heather North. The motion was seconded by Mayor Rasco. Councihnember Broucek withdrew her motion. 5. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. 3of4 January 26, 1999 sApprovedthi' of February, 99: e L Rase° Chairman IFAPERSONDECIDES TOAPPEALANYDECI.SIONMADEBYTHE VILLAGE COUNCIL WITH RESPECT ,TO ANY MATTER CONSIDERED AT A' MEETING OR HEARING, THAT PERSONWILL NEED A RECORD OFTHE PROCEEDING,SAND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICHRECORD INCLUDES THFTESTIMONY AND EVIDENCE UPON WHICH nit APPEAL IS TO BE BASED.' 4of4 0 ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 26,1999 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 8:41 p.m. Present were Councilmembers Scott Bass, Martha Broucek, Alan H. Fein, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco. Councilmember Mortimer Fried was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Ii.. Alvarez and Village Attorney Richard Weiss. 2. AGENDA: Councilmember Bass requested to remove the minutes from the consent agenda; Vice Mayor Han requested to add a brief discussion regarding the beach park drainage as Item 5B and a clarification of No Parking signs on Crandon Boulevard as Item 5C, the Attorney requested the addition of a report regarding the Seaquarium as Item 5D. Couneilmembers Bass, Oldakowski and Mayor Rasco opposed the changes to the agenda. Conneihnember Bass made a motion requesting reconsideration of the agenda changes. The motion was seconded by Councilmember Oldakowski and approved by unanimous consent. There was no objection to the agenda changes. 3. , CONSENT AGENDA: Councilmember Bass made a motion to approve the following consent agenda. The motion was seconded by Councilmember Broucek and approved by a 6-0 roll call vote. The vote was as follows: Councilmeembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. I of 4 II 2of4 January 24 1999 A RESOLUTION OF THE'WLLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF STORMWATER UTILITY REVENUE BONDS, SERIES 1999, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,200,000 FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE PRINCIPAL OF THE VILLAGE'S $7,200,000 STORIVIWATER UTILITY REVENUE BOND ANTICIPATIONNOTES, IN ORDER TO PROVIDE PERMANENT FINANCING FOR THE STORMWATER UTILITY SYSTEM WITHIN THE VILLAGE; AWARDING THE SALE OF THE BONDS TO NATIfNSBANK, N.A.; PROVIDING FOR SECURITY FOR THE BONDS; PROVIDING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND "AGREEMENTS IN CONNECTION THEREi?tWI'TIl; AND PROVIDING SAN EFFECTi E + DATE: 4. APPROVAL OF MINUTES: Councilnernber Bass ofered technical corrections to the minutes ofthe Council Meeting of January 12, 1999. The corrected minutes of the Council ivleeting of January 12, 1999 were approved byntanimo is consent. 5. ORDINANCES: The Attorney read the following ordinance, on second reading, by title: AN ORDINANCE OF 'THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE VILLAGE"); AMENDING 1'HECOMPREHENSIVE MASTER PLAN OF THE VILLAGE T L'HE "PLAN") BY AMENDING THE'FUTURELLAND USE ELEMENT OF THE PLAN BY AAAMENDING, THE "FUTURE SAND USE ` CATEGORY DESCRIPTIONS (`1'Hr. "DESCRIPTION"); BY REVISING "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN i=MINIMUM-LOT SIZE REQUIREMENTS' AMENDING 'COMMERCIAL" DESCRIPTION [TO ENABLE RESIDENTIAL USE` -TO BE PROVIDED WJTH COMMERCIAL USE, Et SUBJECT TO DENSITY RESTRICTIONS; CREATING A DESCRIPTIONFOR "PARK i SIDE TRANSITIONAL','RESIDENTIAL" °1 O'„ 1CiLITATE TRANSITION FROM CERTAIN COMMERCIAL, OFFICE AND @(ITIIER C7SES` TO RESIDENTIAL USE REVISING A PORTION OF " FUTURE L 1 USE MViAPPERTAINING TO -CERTAIN PROPERTIES ADJOINING CRANDONBOULEVARD TICH ARE ENVISIONED TO BE SUBJECT TO THE PARK E I tiA S11ION`AJ. RESIDESTTIAL DESCRIPTION; AMENDING THE FUTURE LAND USE ELEMENT BY ESTABLISHING A POLICY THAT WILL PERMIT NEW OR XP ED DEVELOPMENT BY ALLOWING THE TRANSFER OF RESIDENTIAL UNITS F OM PROPERTIES ON THE EAST SIDE OF 4". CRANDON` �BOULEV a 'Ore� "WEST SIDE OF' CRANDON BOULEVARD($EE4ATTA ITALIMPROVEMENTS ELEMENT OF THE CO15 ING FOR ADDITIONAL 0 January 26, 1999 GOALS, OBJECTIVES, AND POLICIES; PROVIDING FOR SEVERABILITY, REPEALER, INCLUSION IN THE CODE OF THE VILLAGE OF KEY BISCAYNE, AND AN EFFECTIVE DATE. Vice Mayor Han made a motion to adopt the ordinance on second reading.: The motion was seconded by Councilmember Fein. The Mayor opened the public hearing. Conchita Suarez, 201 Crandon Boulevard. Vice Mayor Han made a motion to continue the public hearing of this ordinance on the Council Meeting of February 23, 1999. The motion was seconded by Councilmember Broueek and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein,"Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. Councilmember Oldakowski requested that staff prepare an explanation of the effect of this Master Plan amendment both upside and downside and have it published in the Islander News. Vice Mayor Han addressed the Council regarding the drainage problem at the Beach Park requesting that staff prepare a plan, to present to Council, to remedy this situation. Vice Mayor Han addressed the Council requesting staff to prepare a report regarding the No Parking signs on Crandon Boulevard for the next Council meeting. The Attorney addressed the Council regarding the last meeting of the Key Biscayne Working Group. The Seaquarium is trying to circumvent the master plan process through a legislative act. The Attorney recommended to retain the lobbyist for this legislative session and requested authorization from Council to hire our lobbyist for one month to work on this issue. The Manager addressed the Council regarding this issue. Councilmember Broucek made a motion to authorize the Attorney to hire the lobbyist, Richard B. Pinsky, for one month. The motion was seconded by Vice Mayor Han and approved by a 5-1 voice vote. The vote was as follows: CouncihnembersBroucek, Fein, Oldakowsld, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. 6. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 14. ADJOURNMENT: The meeting was adjourned at 9:10 p.m. 3 of 4 Conchia H. Alvarez, CMC Village Clerk, .The I. Kasco IFA PERSONDEUD ES TO APPEAL ANY DECISION MADE B ETTIE VILLAGE COUNCIL WI.THRESPECT ?OANY MATTER CONSIDEREDATA MEETING OR HEARING, THAT PERSON WILLNEED A RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, MAY NEED TO ENSURE I11AT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, Nf IICHREGORDINCLUi3ES THE TESTIM0AND EVIDENCE UPON,WIIICH THEAPPEAL IS TO BE BASED. 4 o{4 0 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 9, 1999 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 7:09 p.m.), Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe 1. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard 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_ 4. SPECIAL PRESENTATIONS: Mayor Rasco, on behalf of the Village Council presented a proclamation to Mr. Marco Madariaga for his efforts towards the people of Tela, Honduras due to the devastation of Hurricane Mitch. 5; PUBLIC COMMENTS: Craig Henry, 40 Island Drive; Charles Sherman, 301 Sunrise Drive addressed the Council. At this time Mayor Rasco addressed the Council and the public regarding his recent trip to the Mayor's Conference in Washington, D.C. 1 of 11 February 9, 1999 6. AGENDA: Councilmember Pried requested the addition of a brief discussion regarding noise pollution as Item 11A9; Councilmember Broucek requested to add a brief discussion regarding t initiative from a Miami -Dade County Commissioner as Item 11A10 and the removal of Item 7D from the consent agenda; Vice Mayor Han requested to move Items ID1 (Sidewalks) to the begmmning of the resolution section as Item 10A; Mayor itasco requested the removal of Items 7E and 7F from the consent agenda; Councilmember Bass requested to remove Item 11 A6 from the agendas the Manager requested to remove Item ;11D2 from the agenda and the addition of a brief discussion regarding a gift for the Village as Item 1 1D7 and a report from the Police Department as Dg - CONSENT AGENDA: The following -consent agenda was approved by a unanimous vote. The Minutes of the January 19, 1999 Goals and Objectives Workshop; the minutes of the January 26, 1999 Local Planning Agency Meeting and the minutes of the January 26, 1999 Zoning Meeting. 8. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning bearing were sworn m by the Clerk. Hearing Number 99 -0209 -VC -01. The applicant, Saint Agnes Catholic Church, 122 Harbor Drive, wishes to waive the below public notice requirements with regard to operating a carnival at 122 Harbor Drive, Key Biscayne from March 12, 1999 thru March 14, 1999. (1) Written waivers of objection for the specific ,use and length of tune that the carnival will remain in the location are obtained from all property owners within five hundred feet (500'); (2) Written waivers of objections. are obtained from eighty percent (80%) of the owners or tenants or residential buildings withinone thousand feet (1,000') and subsequent investigation by the Director does not determine other objections, and provided further that no such use shall be for more than fifteen (15) days. Councilmember Fried made a motion to approve the request with the following conditions as recommended by staff: 1. The Unusual Use Permit would be considered as a permanent approval of a carnival at the site subject to the anmjal issuance of a Special Event Permit by the Village Manager; 2: The Special Event Permit will be issued subject to: a) The Manager determining that the previous year's carnival did not have a negative impact on the surrounding properties. b) The site for the carnival shall be limited to property presently owned by the Church. c.) The Dade County Health Department and the Village's Fire Department, Police Department and Building, Zoning and Planning Departments must approve the Permit prior to approval by the Manager. d.) The applicant must obtain permits and inspection approval from the Village for electrical, mechanical, plumbing and structure. e) Applicant shall obtain all applicable county and state permits, inspections and approvals. i) All rides and musical equipment shall be shut down at 11:00 p.m. g.) It shall be the responsibility of the applicant and/or sponsor to control the demeanor and 2 of 11 o February 9, 1999 action of the carnival employees; 3. There shall be a 25 ft. Setback from all property lines and/or easement lines and 75 ft From any building not owned by the Church; 4. Light standards shall be located to minimize spillage on adjacent properties; 5. That a minimum of 5 on -site parking spaces be provided per carnival ride. The motion was seconded by Councilmember Broucek. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The request was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. Hearing Number 99 -0209 -VC -02. The applicant, Adelphia Cable, 785 Crandon Boulevard, is requesting approval of an unusual use to install four (4) masts with TV antennas on the roof top of Club Tower Two Condominium in the Ocean Club Development located at 785 Crandon Boulevard. Councilmember Fein made a motion to approve the request. 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 request was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 9. RESOLUTIONS REMOVED FROM CONSENT AGENDA: The Clerk read the following resolution by title: A RESOLUTION OF 1'HL VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR ARCHITECTURAL FIRMS TO SUBMIT THEIR QUALIFICATIONS FOR CONSIDERATION AND SELEC'T'ION BY THE VILLAGE COUNCIL AS THE ARCHITECT FOR THE DESIGN AND CONSTRUCTION OF THE EMERGENCY SERVICES COMPLEX ADMINISTRATION BUILDING. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Fried. 3of11 February 9, 1999 Mayor Raseo made a motion to substitute the Village Manager in Section 2, by the Village Council.' `The motion was seconded by Councilmember Broucek and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Oldakowski and Mayor Rasco voting Yes. "Councilmember Fein and Vice Mayor Han voting No. Councihnember Fein nominated Chris Sager to the committee. Couneilmembers are to submit their `teconnnendations to. the Village Clerk. The resolution as amended was approved by a 7-0 voice vote. The vote was.. as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk read thefollowing resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE 1999 GOALS AND OBJECTIVES, ATTACHED AS EXHIBIT "A" ; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Councilmember Fein made an amending motion to move "Beautify All Areas Under Village Control" from High Priority to Top Priority. The motion was, seconded by Councilmember Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek made a motion to move "Sewers and Swales"'to Top Priority. The motion was seconded by Mayor Rasco and approved by a 7-0 voice vote. The vote was as follows Couneilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Staff was directed to include as part of this resolution the different projects time schedule and the estimated time of completion. 4of11 0 0 February 9, 1999 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO RETAIN THE PROFESSIONAL SERVICES OF PINSKY MITCHELL PARTNERS FOR THE 1999 LEGISLATIVE SESSION; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Mayor Rasco made an amending motion to reference the agreement in the resolution. The motion was seconded by Councilmember Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The resolution as amended was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oidakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. 10. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1997-1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on second 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 approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. At this time the sidewalk issue was heard. Raul Lastra, OBM Miami, addressed the Council regarding the different options for sidewalks. 5of11 February 9, 1999 The following residents addressed the Council: Dorothea Bailey, 338 West Heather Drive; M. Lichtenheld, 440 West Palmwood Lane; Susan Krupnick, Key Biscayne; Charles Sherman, 3Q1 Sunrise Drive; Ward Rathbone, 275 West Mashta Drive; Paul DeLeeuw, 375 West Heather Drive; Juan Santaella, 360 West Heather: Drive; Albert Stevens, 701 wlyrtlewood Lane:, Michella Barnett, 355 West Wood Drive; Jim Taintor, 355 Harbor Drive; chael .Kelly, 310 Palmwood Lane; Fwd. Sherman, 324 West Heather Drive; Jacqueline Sanchez-Volny, 385 Ridgewood Road. Councilmember Fein made a motion to instruct the Manager to seek bids on the new option presented to Council tonight for a 5' sidewalk on the south side of West Heather, 7' from the road with the option of a concrete vs. a brick sidewalk. The motion was seconded by Councilmember Fried. Councilmember Han made an amending: motion to accept Option 1 with the modification of shifting the sidewalk away from the property line: The motion was seconded by Councilmember _Oldakowski and failed by a 1-6 voice vote. Vice Mayor Han voting Yes. Councilmembers Bass, Broueek, Fein, Fried, Oldakowski and Mayor Rasco voting No. Councilinember Bass made an amending motion to include Option 4 in the bid process. The motion was seconded by Mayor Basco and failed by a 3-4 voice vote. The vote was as follows: Councilmembers Bass, Fein and Mayor Rasco voting Yes. Councilmen -then Broucek, Fried, Oldakowski and' Vice Mayor Han voting No. The main motion as amended was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Bass and Broucek voting No. Couneilmember Fein made a motion to instruct the Manager to seek bids for 5' sidewalks on the north.side of West Wood to Curtiswood and on the south side to Harbor Drive, 7' from the road with the option of a concrete vs. a brick sidewalk. The motion was seconded by Councilmember Fried and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Bass and Broueek voting No. 6of11 February 9, 1999 11. 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 SIGN A CONTRACT WITH PORTUONDO, PEROTTI ARCHITECTS FOR CONSTRUCTION OF A PERIMETER MASONRY SEAT WALL AT THE VILLAGE GREEN PARK; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. Councilmember Oldakowski made an amending motion to construct a wall along Fernwood. The motion was seconded by Councilmember Bass and failed by a 2-5 voice vote. The vote was as follows: Councilmember Oldakowski and Mayor Rasco voting Yes. Councilmembers Bass, Broucek, Fein, Fried and Vice Mayor Han voting No. Councilmember -Bass made an amending motion to construct a wall along Fernwood from the south end of the park up to some point beyond the toddler lot. The motion was seconded by Councilmember Oldakowski and failed by a 2-5 voice vote. The vote was as follows: Councilmembers Bass and Oldakowski voting Yes. Councilmembers Broucek, Fein, Fried, Vice Mayor Han and Mayor Rasco voting No. Ed Meyer, 100 Sunrise Drive and Jacqueline de Leon, 650 Ocean Drive addressed the Council. The resolution as presented failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Fein, Fried and Vice Mayor Han voting Yes. Councilmembers Bass, Broucek, Oldakowski and Mayor Rasco voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PHASE II, DESIGN DEVELOPMENT FOR THE PLANNING, ARCHITECTURE AND SERVICES IN CONNECTION WITH THE VILLAGE BEACH PARK WITH O.B.M. MIAMI, INC.; PROVIDING FOR AN EFFECTIVE DATE. 7of11 February 9, 1999 Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilntember Oldakowski and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han 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 APPOINTMENTS TO THE ZONING ORDINANCE RI VIA COMMITTEE AS PROVIDED FOR, IN RESOLUTION., NO. 99-8; AND PROVIDING FOR AN EFFECTIVE DATE, Mayor Rasco made a motion to approve the resolution. The motior4 was seconded by Councilmember Fried. Couneilmember Bass made an amending motion to add Mr. James Pilaf an under the real estate category. The motion was seconded by Councilmember Fried and approved by a 4-3 voice vote. The vote was -as ,follows; Couneilmembers.Bass, Fried, Oldakowski and Mayor Rasco voting Yes. Couneilnembers Broueek, Fein and Vice Mayor Han voting No. The resolution as, amended was approved by a 7-0 voice vote. The vote was as follows; Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor flatland Mayor Rasco voting Yes. At this time the Village Manager's report was heard. The Manager addressed the Council regarding the Village Green Bandstand and introduced Mr. Rolando Llanes, architect for the project. Councilrnember Broucekmade a motion to accept the design for the Village Green Bandstand as presented to Council. The motion was seconded by Vice Mayor Han. Architect Rolando Llanes addressed the Council regarding the pavilion. Councilmember Fein made a motion to table this item. The motion was seconded by Councilmember Bass and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski and Mayor Rasco voting Yes. Councilmembers Fried and Vice Mayor Han voting No, Mario Ernesto Sanchez, 220 Cypress Drive addressed the Council. 8of11 February 9, 1999 The Manager presented to the Council a request from Crime Stoppers of Miami -Dade County. Councilmember Oldakowski made a motion to give $1,000 to Crime Stoppers. The motion was seconded by Mayor Rasco and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Manager requested consensus of Council to set up a date for a Civic Center Workshop. It was the consensus of Council to hold the workshop on Thursday, March 18, 1999 at 6:00 p.m. The Manager addressed the Council regarding the "No Parking" signs on Crandon Boulevard. Councilmember Oldakowski made a motion to instruct the Manager to install the minimum amount of signs where there are problems and to exercise his discretion when placing those signs. The motion was seconded by Councilmember Bass and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Mayor Rasco voting No. Councilmember Broucek made a motion to reconsider the above motion. The motion was seconded by Mayor Rasco and failed by 3-4 voice vote. The vote was as follows: Councilmembers Broucek, Fein and Mayor Rasco voting Yes. Councilmembers Bass, Fried, Oldakowski and Vice Mayor Han voting No. Mayor Rasco made a motion to extend the meeting to 11:10 p.m. The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. Vice Mayor Han voting No. The Manager presented to the Council a donation for a monumental sign from The Ocean Club. There was no consensus of Council regarding this issue. Chief of Police Michael J. Flaherty addressed the Council regarding allegations made by Mr. Lawrence Curtin against some police officers. Police Officer Jackie Rojas addressed the Council regarding these allegations. 13. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco addressed the Council nominating a committee to develop an ordinance that would create "The Key Biscayne Cultural Affairs Council". Nominating Alan Fein as Chair with members Mario Ernesto Sanchez, Marilyn Borroto and Ed Meyer. The chair and other Councilmembers may want to add other names to help draft this permanent board 9of11 February 9, 1999 that would he brought" to Council no later than Arill 13, 1999 Regular Council Meeting. Councilmember Fried recommended to include Susan Fox-Rosellini in the Cultural Affairs Council, Marilyn Borroto, 241 Harbor Drive and Julie Alvarez, 150 Sunrise Drive addressed the Council, Councilmember Broucek made a motion to appoint a Cultural Affairs Council. The motion was seconded by Mayor Rasco. Councilmember Broucek withdrew her motion. It was the consensus of Council that the group meet informally and; then report back to Council as to the feasibility of creating a Cultural Affairs Council. The Clerk read the following resolution by title? A RESOLUTION OF TIIE 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-3131-EM-FL RESULTING FROM HURRICANE C ,ORGES; PROVIDING FOR AN EFFECTIVE DATE. Counclmember Bass made a motion to reconsider this resolution. The motion was seconded by Ytee Mayor Han end approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, "Broucek, ()Makowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Fein and Fried voting No. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No: Village Attorney. The Attorney did not submit a report. Village Clerk. The clerk submitted' a copy of her office's 1998 annual report to, the Council. The Office of the Mayor issued the following proclamations during the month of February. Jose Marti Day and Dr. Paul Vogel. 10 of 11 February 9, 1999 13. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 14. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 15. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. Respectfully submitted: Conchita 11. Alvarez, CMC Village Clerk r Approved this 23rd day of February , 1999: Joe L Rasco Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANYMATTER 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 11 of11 MINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 23, 1999 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 10:25 p.m. Present were Councilmembers Scott Bass, Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe T. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Stephen Hellman. 2. ORDINANCES: The Clerk read the following ordinance, on second reading, by title stating that this is a continuation of the public hearing from the January 26, 1999 Zoning Meeting: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"); AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VILLAGE (THE "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING 1'HL FUTURE LAND USE CATEGORY DESCRIPTIONS (HIE "DESCRIPTION"); BY REVISING "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN MINIMUM LOT SILL REQUIREMENTS; AMENDING "COMMERCIAL" DESCRIPTION TO ENABLE RESIDENTIAL USE TO BE PROVIDED WITH COMMERCIAL USE, SUBJECT TO DENSITY RESTRICTIONS; CREATING A DESCRIPTION FOR "PARK SIDE TRANSITIONAL RESIDENTIAL" TO FACILITATE TRANSITION FROM CERTAIN COMMERCIAL, OFFICE AND OTHER USES TO RESIDENTIAL USE; REVISING A PORTION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERTIES ADJOINING CRANDON BOULEVARD WHICH ARE ENVISIONED TO 1of3 February 23, 1999 BE SUBJECT TO THE PARK SIDE TRANSITIONAL RESIDENTIAL DESCRIPTION; AMENDING THE FUTURE LAND USE ELEMENT BY ESTABLISHING A POLICY THAT WILL PERMIT NEW OR EXPANDED DEVELOPMENT BY ALLOWING THE TRANSFER OF RESIDENTIAL UNITS FROM PROPERTIES ON THE EAST SIDE OF CRANDON BOULEVARD TO PROPERTIES ON I'HE WEST SIDE OF CRANDON BOULEVARD (SEE ATTACHED MAP); AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN BY PROVIDING FOR ADDITIONAL GOALS, OBJECTIVES, AND POLICIES; PROVIDING FOR SEVERABILITY, REPEALER, INCLUSION IN THE CODE OF THE VILLAGE OF KEY BISCAYNE, AND AN EFFECTIVE DATE, The Attorney addressed the Council regarding this ordinance, stating that since the LPA did not make a recommendation to the Council there was no need to take any action at this time. The Mayor opened the public hearing. There were no speakers present. Vice Mayor Han made a motion to continue this public hearing at the Council meeting of April 27, 1999. The motion was seconded by Mayor Rasco and approved by a 7-0 voice vote. The vote was as follows; Councihnembers Bass, Broueek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. It was the consensus of Council to conduct a workshop regarding swales on March 23, 1999 at 7:00 p.m.. 3. APPROVAL OF MINUTES: The minutes of the Council Meeting of February 9, 1999 were approved by unanimous consent. 4. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events waspresented to the Council and the public. ADJOURNMENT: The meeting was adjourned at 10:50 p.m. 2 of 3 February 23, 1999 \.ter Respyetfgrlly submitted: Conchzta H. Alvarez, CMC Village Clerk Approv 9th_ ay of March , 1999: Joe L Rasco Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANY 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 LOCAL PLANNING AGENCY MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 23, 1999 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 Councihnembers Scott Bass, Martha Broucek, Alan H. Fein, Mortimer Fried; Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe 1. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Stephen Helfman and Jeffrey Sheffel. 2. PLEDGE OF ALLEGIANCE: Chairman Rasco led the Pledge of Allegiance. 3. ORDINANCES: The Clerk read the following proposed ordinance by title stating that this is a continuation of the public hearing and recommendation of Village Council sitting as the Local Planning Agency of January 26, 1999: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"); AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VILLAGE (THE "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING THE FUTURE LAND USE CATEGORY DESCRIPTIONS (JJHIE "DESCRIPTION"); BY REVISING "TWO FAMILY RFSIDENTIAI? DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN MINIMUM LOT SIZE REQUIREMENTS; AMENDING "COMMERCIAL" DESCRIPTION TO ENABLE RESIDENTIAL USE TO BE PROVIDED WITH COMMERCIAL USE, SUBJECT TO DENSITY RESTRICTIONS; CREATING A DESCRIPTION FOR "PARK SIDE TRANSITIONAL RESIDENTIAL" TO FACILITATE TRANSITION FROM CERTAIN COMMERCIAL, OFFICE AND OTHER USES TO RESIDENTIAL USE; 1 of REVISING A PORTION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERTIES ADJOINING CRANDON BOULEVARD WHICH ARE ENVISIONED TO BE SUBJECT' TO THE PARK SIDE TRANSITIONAL RESIDENTIAL DESCRIPTION; AMENDING THE FUTURE LAND USE ELEMENT BY ESTABLISHING A POLICY THAT WILL PERMIT NEW OR EXPANDED DEVELOPMENT BY ALLOWING THE TRANSFER OF RESIDENTIAL UNITS FROM PROPERTIES ON THE EAST SIDE OF CRANDON BOULEVARD TO PROPERTIES ON THE WEST SIDE OF CRANDON BOULEVARD (SEE ATTACHED MAP); AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF Tk1Ji COMPREIIFNSIVE PLAN BY PROVIDING FOR ADDITIONAL GOALS, OBJECTIVES, AND, POLICIES; PROVIDING FOR SEVERABILITY, REPEALER, INCLUSION IN THE CODE OF THE VILLAGE OF KEY BISCAYNE, AND ANEFItECTIVE DATE. .Jud,Kurlancheek, Director of Building, Planning and Zoning addressed the Council and the public regarding this ordinance:, The, Mayor opened the public hearing. Jacqueline. de Leon, 650 Ocean Drive; Mark Fried, 369 Clenridge Road; Santiago Echemendia, 201 S. Biscayne Boulevard; Larry Radzville, 77 Crandon Boulevard; Regina Stone, 1121 Crandon Boulevard;, Conchita Suarez, 201 Crandon Boulevard; Eileen Senatore, 1121 Crandon Boulevard; Ramon Blanco -Herrera, Femwood Road; Raul Ilorente, 345 Cypress Drive; Cristina Arias, 100 Hampton Lane; Irving Adler, 2.11 Crandon Boulevard; Douglas Duany, 688 Femwood Road; Luis Arias, 100 Ilampton Lane; Gary Gross, 21.1 Island Drive; Sara Kane, 151 Crandon Boulevard; Sergio Mendoza, 761 Ridgewood Drive Carl Runge;; 735 Femwood Road; Ed Meyer; 100 Sunrise Drive; Michael King, 745 Femwood Road; Dr. Robert Maggs, 155 Ocean Lane Drive; MichaelKahn, 881 Ocean Drive„Bill Hinsley, 618 Curtiswood Drive; Michele Padovan, 425 etree Drive; Camille Gueting, 260 Seavicw Drive; Ed Stone, 145 Hampton Lane; Charles Senatore, 1121 Crandon Boulevard; Jay Swvindell, 774 Femwood Road; Bienvenido Bcnach, 270 Cypress Drive; Daniel Morrison, 797 Glenridge Road; Zane Wornick, 881 OceanDrive. The Mayor closed the public hearing. Councilmember Broucek made a motion recommending that this ordinance not be adopted by the Village Cornea The motion was seconded by Councilmember Bass. There Was Extensive discussion from Council regarding this ordinance. Councilmember Oldakowski made an amending motion to adopt Sections 1, 3 and 4 of the ordinance. The motion was `.'seconded by Councilmember Fried. Councilmember Oldakowski withdrew his motion. t,._ 2of3 The Attorney addressed the Council regarding this ordinance Vice Mayor Han made an amending motion to adopt Section 1 of the ordinance The motion was seconded by Councilmember Bass and approved by a 5-2 roll call The vote was as follows Councilmembers Bass Fein Fned Oldakowski and Vice Mayor Han voting Yes Councilmember Broucek and Mayor Rasco voting No The main motion as amended failed by a 3-4 roll call vote The vote was as follows Councilmembers Bass Broucek and Mayor Rasco voting Yes Councilmembers Fein Fned Oldakowski and Vice Mayor Han voting No It was the consensus of Council to direct the Attorney to modify the ordinance to include the two family modification for attached and detached maps the East side of Fernwood with the two family category as amended through this process and include within this ordinance a provision that ensures that no densities in the community will be created which will exceed what is now established under the Comprehensive Plan 5 ADJOURNMENT The meeting was adjourned at 10 19 p m Res ' illy submitted Conclnta IL Alvarez, CMC Village Clerk Approved this 9th day of March , 1999 Toe I Rasco Chairman 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 3 of 3 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 9, 1999 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, Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys. Richard Weiss and David Wolpin. 2. INVOCATION: Reverend Timothy Leighton, Key Biscayne Community Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mayor Rasco on behalf of the Village Council presented a proclamation to Mr. John Thomson for his efforts towards the people of Honduras due to the devastation of Hurricane Mitch. Mr. Thomson addressed the Council and introduced Reverend Lloyd E. Allen, Santa Maria de los Angeles Episcopal Church. Mr. G. Jerry Chiocca, CPA, P.A. and Mr. Michael" Futterman, Directors for Miami Certified Public Accountants/Consultants, Rachlin Cohen & Holts, the Village's auditing firm, made a presentation to the Council regarding the 1998 Comprehensive Annual Financial Report. Councilmember Oldakowski made a motion to accept the 1998 Comprehensive Annnai Financial Report, as presented. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. I of 5. PUBLIC COMMENTS: The following residents addressed the Council: Raul Llorente, 345 Cypress Drive; Michele. Padovan, 425 Grapetree Drive; John Festa, 695 Harbor Lane. 6. AGENDA: Counei member Broucek requested the addition of a brief report regarding a request for information from Commissioner Morales as Item 10A13; Councihnember Oldakowski requested the addition of a brief update on the five-year projections as Item 10A14 and requested the removal of Items 7D and 7E from the consent agenda; Mayor Rasco requested the removal of Items 7C, 7F and 76 from the consent agenda; Councilmember Bass requested the removal o£lt:eem 10A6 from the agenda. There were no objections to the agenda changes_ 7. CONSENT AGENDA: The minutes of the Local Planning Agency Meeting of February 23, 1999 and the minutes of the Zoning Meeting of February 23, 1999 were approved by unanimous consent. AGENDA ITEMS REMOVED FROM CONSENT AGENDA:. Councilmember Fein made a motion to approve $3000 from the Council's budget for the State of the Village Message by Mayor Rased: instead of the sponsorships of the Key Biscayne Chamber of Commerce. The motion was seconded by Councilmember Oldakowski and failed by a 2-5 voice vote. The vote was as follows: Councilmember Fried and Vice Mayor Han voting Yes. Councilmembers Bass, Broucek, Fein, Oldakowski and Mayor Rasco voting No. Pamela Kirkpatrick, Executive Director, Key Biscayne Chamber of Commerce addressed the Council, regarding this issue. Councilmember Broucek made a motion authorizing the Manager to begin discussions with the Rotary Club to allow the Key Biscayne Art Festival to use the Village Green for this annual event. The motion was seconded by Councilmember Fein and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Bass and Fried voting No. Councilmember Fried made a motion to waive the competitive bidding process for the Fourth of July Fireworks contract according to Section 2-85 of the Village Code and Section 3.08 of the Village Charter. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote: The vote was as follows: Councthnembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Manager addressed the Council regarding this issue. 2of8 March 9 1999 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH FIREPOWER DISPLAYS UNLIMITED, INCORPORATED, PRINCETON, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned made a motion to approve the resolution The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote The vote was as follows Councdmembers Bass Broucek Fein Fried Oldakowski Vice Mayor Han and Mayor Rasco voting Yes 8 ORDINANCES The Clerk read the following ordinance by title on first reading AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING CHAPTER 291 "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWER, AND OTHER PUBLIC IMPROVEMENTS," CONSISTING OF SECTION 291-10 "AUTHORITY FOR PROVIDING IMPROVEMENTS AND LEVYING AND COLLECTING SPECIAL ASSESSMENTS AGAINST PROPERTY BENEFITED," SECTION 291 11 "METHOD OF PRORATING SPECIAL ASSESSMENTS," SECTION 291 12 "RESOLUTION REQUIRED TO DECLARE SPECIAL ASSESSMENTS," SECTION 29113 "PLANS AND SPECIFICATIONS," SECTION 291 14 ' PUBLICATION OF RESOLUTION," SECTION 291 15 "PRELIMINARY ASSESSMENT ROLL," SECTION 291 16 "PUBLICATION OF PRELIMINARY ASSESSMENT ROLL," SECTION 291-17 "FINAL CONSIDERATION OF SPECIAL ASSESSMENTS," SECTION 29 1 18 "PRIORITY OF LIEN, INTEREST, AND METHOD OF PAYMENT,' SECTION 291 19 "LEGAL PROCEEDINGS MAY BE INSTITUTED," SECTION 291 20 "BONDS MAY BE ISSUED," SECTION 291 21 "AUTHORITY TO ASSURE VALID ASSESSMENT," SECTION 291 22 'EXPENDITURES FOR IMPROVEMENTS," SECTION 291 23 "ASSESSMENT ROLL, SUFFICIENT EVIDENCE OF ASSESSMENT,' SECTION 291 24 "DENOMINATION OF BONDS, INTEREST, ETC " SECTION 29 1 25 "CONSTRUCTION AND AUTHORITY OF THIS CHAPTER," SECTION 29 1 26 "PROVISIONS SUPPLEMENTAL," SECTION 291-27 "ACTIONS TO CONTEST, ' PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR EFFECTIVE DATE Councilmember Fned made a motion to adopt the ordinance on first reading The motion was seconded by Vice Mayor Han The Manager and the Attorney addressed the Council regarding this ordinance There was extensive discussion from Council regarding this issue 3 of 8 March 9 1999 The Mayor opened the public hearing Sam Davitian 720 Myrtlewood Lane Molly Bannger 371 Beachwood Drive Ray Sullivan 625 Harbor Circle John Festa 695 Harbor Lane Nancy Doke Hamson 200 West Mashta Drive Jim Haney 472 Glenndge Road i Wendy Johannsen 212 West Mashta Dnve Haydee Archibald 881 Ocean Dnve Dean Holloway 680 Harbor Lane Michael Kahn 881 Ocean Drive Michele Barnett 355 West Wood Drive Zaida Vidal 600 Grapetree Drive Paul Auchter President of the Towers of Key Biscayne 1121 Crandon Boulevard The Mayor closed the public hearing. Vice Mayor Han made an amendment to strike any mention of sanitary sewers from the ordinance. The motion was seconded by Councilmember Broucek Vice Mayor Han withdrew his motion The Attorney addressed the Council regarding this amendment Councilmember Broucek made an amendment to- avtiept the ordinance presented to the Council by the Attorney which inchides a broader hst of public improvements The motion was seconded by Vice Mayor Han and'approved by a 7 0 roil call vote The vote was as follows Councilmembers Bass Broucek -in, Fried; Oldakowski Vice MayorBan:and Mayor Rasco voting Yes Councilmember Sass made an amending motion to amend Section 29 1-27 to reflect 30 days The motion was se * nded' by Vice Mayor Han and approved by s 7-0 roll call vote The vote was as follows Cofufdriniembers Bass 'aroma Fem Fried Oldakowski Vice Mayor Han and Mayor Rasco voting Ye&I i; ' The Attorney addressed the Council regarding,the sanitary sewer referendum statmg that the referei4ti , soh a$ specifi&fina'ixcrng plan. i I The ordinance as amended was adopted on first reading by a 6-1 roll call vote The vote was as follows. Coirnciiltinemliers Broucek Fem Fned Oldakowski Vice Mayor Han and Mayor Rasco voting Yes.,iConilfci1member Bass' votingt fi i 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 ENTER INTO AN AGREEMENT WITH, THE ENGINEERING FIRM OF CORZO, CASTELLA, CARBALLO, THOMPSON,, AND SALMAN P A FOR THE PREPARATION OF A STREETSCAPE IMPROVEMENT PLAN FOR CRANDON BOULEVARD FROM THE NORTHERN LIMITS OF THE WILLAGE, TO HARBOR DRIVE AND PROVIDING FOR AN EFFECTIVE DATE 0 4 of 8 March 9 1999 Councilmember Broucek made a motion to approve the resolution The motion was seconded by Councilmember Fried and approved by a 6 1 voice vote The vote was as follows Councilmembers Broucek Fem, Fried Oldakowski Vice Mayor Han 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, SUPPORTING THE MAYOR OF MIAMI-DADE COUNTY AND THE DADE HERITAGE TRUST IN THEIR EFFORTS TO PRESERVE THE PREHISTORIC ARCHAEOLOGICAL SITE KNOWN AS "THE MIAMI CIRCLE" FOR ITS HISTORIC SIGNIFICANCE AND TO TAKE ALL STEPS POSSIBLE IN THE PRESERVATION OF SAID SITE AS IS, PROVIDING FOR AN EFFECTIVE DATE Councilmember Bass made a motion to approve the resolution The motion was seconded by Vice Mayor Han Mayor Rasco made an amending motion to substitute the Mayor of Miami Dade County and the Dade Heritage Trust by all entities involved The motion was seconded by Councilmember Broucek and approved by a 7 0 voice vote The vote was as follows Councilmembers Bass Broucek Fem Fned Oldakowski Vice Mayor Han and Mayor Rasco voting Yes The resolution as amended was approved by a 7 0 voice vote The vote was as follows Councilmembers Bass Broucek Fein, Fned Oldakowski Vice Mayor Han and MayorRasco voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Rasco made a recommendation to re schedule the Council Meeting of April 13 1999 to Apnl 20 1999 There was no objection to the recommendation Pamela Kirkpatrick, Executive Director Key Biscayne Chamber ofCommerce addressed the Council Mayor Rasco requested a motion to re schedule the Civic Center Workshop scheduled for March 18 1999 at 6 00 P M due to a conflict with a Key Biscayne Chamber of Commerce event It was the consensus of Council to re schedule the Civic Center Workshop to Apnl 6 1999 at 6 00 p m A tentative schedule for the 1999 Florida League of Cities Legislative Action Day which will be held on Apnl 13 14 1999 was submitted to the Council 5 of 8 A status report regarding the new additional spaceforthe Council ClianiberVar submitted to the Council. Mayor Rasco addressed the Council and the public regarding the year 2000 potentialproblemsfor the Village/information technology needs of the Village for the future. It was the consensus of Council to request that Vice Mayor Ilan look into this issue and report back to Council. Councilmember Bass made a motion to reverse the delivery date for the agenda packages. The motion was seconded by Couneilmember Broueek and failed by a 1-6 voice vote The vote was as follows: Counc lmember Bass voting Yes. Councilniembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting No. Councilmember Broucek reported to the Council that Commissioner Alonsa is addressing there- structuring of water and sewer fees. Councilmember Broucek addressed the Council regarding. the 12 month evaluation of Village, Clerk. Vice Mayor Han made a motion to increase the Clerk's salary to $45,000. The motion was seconded by Councilmember _Fried. , Vice Mayor Han withdrew his motion: It was the consensus of Council to defer the evaluation of the Clerk to the April 20, 1999 meeting. Mayor Rasco addressed the Council regarding the need far additional programming forchannel 99 in order to provide further and better communication with our residents and submitted to Council a proposal from Frank Garisto for this purpose. Councilmember Broucek made a motion directing the Manager to negotiate a contract with Frank Garisto for additional programming for channel 99. The motion was seconded by Mayor Raseo and approved by a 7-0 voice vote. The vote was as follows: Councilmember Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Raseo voting Yes. Councilmember Broucek addressed the Council regarding the trailers at the entrance of the causeway.. Councilmember Oldakowski addressed the Council regarding an update on the 5 -year projection for the Village. Vice Mayor Han addressed the Council regarding the way motions are placed on the agenda. There was extensive discussion from Council regarding this issue. 6 of 8 March 9, 1999 The Attorney addressed the Council regarding this issue. It was the consensus of Council to direct the Attorney to amend Resolution 98-15 (Council rules) to reflect that agenda items that require action by Council will only beconsideredif they are presented in the form of a motion, resolution or ordinance, except in case of an emergency. Village Attorney. The Attorney addressed the Council regarding the Key Biscayne Working Group Councilmember Bass requested that a status report regarding playing fields on Virginia Key be placed on the agenda for the next Council Meeting. Village Clerk. The Clerk submitted to the Council her office's 1998 annual report. The Clerk submitted a copy of the Mayor's proclamation declaring February 22 28; 1999 as "Fight Financial Fraud Week." At this time the Clerk announced the second reading of the ordinance regarding special assessments for the Council Meeting of April 20, 1999. Village Manager. The Manager requested a motion authorizing him to retain J. Mark Quinlivan, MAI, to prepare an appraisal for the property located at760 South.Mashta Drive and report back to Council on his report. It was the consensus of Council to authorize the Village Manager to look into more than one alternative for bay view parks before retaining the services of Mr: J. Mark Quinlivan.' The Manager addressed the Council regarding the establishment of a Year 2000 Census Complete Count .Committee per motion of the Council on September 1, 1998. The Councilmembers will submit names to the Clerk's office for this committee. The Manager addressed the Council regarding the status of the sidewalk construction program indicating that the sidewalk will come closer to the property line than was discussed with Council. Andy Kacer, P.E., Senior Project Manager, and Tony Nolan from Williams, Hatfield & Stoner, Inc. addressed the Council regarding the proposed traffic calming improvements and sidewalks project (West Heather and West Wood Drive). It was the consensus of Council to have the Manager contact the affected homeowners, get some feedback and bring this issue back to the Council Meeting of April 20, 1999. 11. OTHER BUSINESS/GENERAL DISCUSSION: There wasno further business discussed. 7of8 March 9 1999 12 SCHEDULE OF FUTURE MEFTINGS/EVENTS A sc iedu'le of fixture meetings and events was presented to the Council and the public 5 ADJOURNMENT The meeting was adjourned at 10 50 p m fully snbmxtted % Conch:ta H Alvarez, CMC Village Clerk Approved this 20th day of April , 1999 Joe I Rasco Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDERED AT 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 8 of 8 0 MINUTES SWALE WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 23, 1999 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Scott Bass (arrived at 7.10 p.m.), Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe 1. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Jeffrey P. Sheffel. The Mayor welcome the public to the workshop to discuss the issue regarding the swales. The following residents addressed the Council: Raul Llorente, 345 Cypress Drive; Charles Sherman, 301 Sunrise Drive; Jacqueline de Leon, 650 Ocean Drive; Rob de Cespedes, 188 West Mashta Drive; Moreno Habif, 685 Allendale Road; Maria Zayas-Bazan , 662:Glenridge Road; Frederic Sherman, 324 West Heather Drive, Ray Sullivan, 625 Harbor Circle; James L. Peters, 561 Allendale Road; Haydee Archibald, 881 Ocean Drive; Douglas Duany, 688 Fernwood Road; Conchita Suarez, 201 Crandon Boulevard; Jim Taintor, 355 Harbor Drive; Camile Guething, 260 Seaview Drive; Jim Asher, 281 West Heather Drive; Servando Parapar, 240 Cypress Drive. Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council and the public regarding the swales. Resident Maria Zayas-Bazan suggested that a group of residents meet with Director Kurlancheek to draft an ordinance that addresses the swale issue. The Council concurred with this suggestion. 1 oft March 23, 1999 There being no further business, the meeting was adjourned at 9:55 p.m. Res uilly submitted Conekite H. Alvarez, CMC, Village Clerk Approved ihis_ Ot daof April , 1999: Joe L Rasco Mayor IFA PERSON DECIDES TOAPPEAL 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED: `2 of 2 MINUTES CIVIC CENTER WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 6, 1999 COUNCIL CHAMBER 85 WEST MCINTYRE-STREET, SECOND FLOOR The meeting was called to order by the Mayor at 6:25 p.m. Present were Councilmembers Scott Bass, Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han (arrived at 6: 50 p.m.) and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney David Wolpin. The Mayor welcomed the public to the workshop to discuss the Village's Civic Center. Raul Lastra, O.B.M. Miami, made a presentation explaining the proposed Village Civic Center Master Plan: The following participated in the discussions with the Council and public: Percy Aguila, Jr., Financial Advisor for the Village and JeffDeCarlo, Village's Bond Counsel. The following members of the Village staff were also present: Jud Kurlancheek, Building Zoning and Planning Director; John C. Gilbert, Chief of Fire Rescue; Michael J. Flaherty, Chief of Police; Tom Zannis, Finance Director; Todd Hofferbeth, Recreation Director and Lora Stoddard, Community Assistant. The following residents participated in the discussions with the Council: Bonnie Cooper, 77 Crandon Boulevard; Pat Weinman, 940 Mariner Drive; Henrike M. Groschel-Becker, 290 West Mashta; Ed Meyer, 100 Sunrise Drive; Conchita Suarez, 201 Crandon Boulevard; Camille Guething, 260 Seaview Drive; Eduardo Benet, 77 Crandon Boulevard; Julie loft April 6, 1999 Alvarez, 150 Sunrise Drive; Bob Brooks, 95 West McIntyre Street; Michael Kahn, 881 Ocean Drive. It was the consensus of Council that the Financial Advisor provide the Village with 30 year financing options. There being no further business, the meeting was adjourned at 10:00 p.m. (fully submitted: Conchita H. Alvarez, CMC, Village Clerk 3 y Approved this 20th day of , 1999: Joe L Rasco Mayor IFA PERSON DECIDES TOAPPEAL ANYDECISION MADE BYTHE VILLAGE COUNCIL WITH RESPECT TOANYMATTER 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2of2 MINUTES SPECIAL COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 6, 1999 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 10:03 p.m. Present were Councilmembers Scott Bass, Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney David Wolpin. The Mayor addressed the Council and the public stating that the purpose of this special meeting is to discuss a letter sent by the Village Manager to the residents of West Heather Drive. Mayor Rasco madea motion to cancel the meeting with the engineers regarding the sidewalks on West Heather Drive. The motion was seconded by Councilmember Oldakowski and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Bass and Oldakowski voting No. The following resident addressed the Council_ Peter Verbeck, Key Biscayne. There being no further business, the meeting was adjourned at 10:20 p.m. %th�T lly submitted: 1C/ LeXId Conchita 11. Alvarez, CMC, Village Clerk 1 of 2 April 6, 1999 Approved this 20th day of April , 1999: Joe L Rasco Mayor P OR IF A PERSON DECIDES TO APPEAL ANY DECISION MADEBYTHE VILLAGE COUNCIL WITH RESPECT TOANY MAJ [ER 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 VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 20, 1999 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 7:07 p.m.), Martha Broucek, Alan H. Fein (arrived at 7:50 p.m.), Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han 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: Reverend David Moran, Key Biscayne Presbyterian Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: The presentation by Dr. Steven Simon, President, Key Biscayne Athletic Club, will be heard later on the agenda. The presentation by Mr. Max D. Puyanic was withdrawn. 5. PUBLIC COMMENTS: Shirley Feldman, 1121 Crandon Boulevard; Sam Davitian, 720 Myrtlewood Lane; Jonathan Ullman, 544 Fernwood Road; Cristina DeFalco, 715 Woodcrest Road; Ernesto Alvarez, 261 Island Drive; M. Breese, 305 Sunrise Drive; Regina Stone, 1121 Crandon Boulevard; Perla Garcia, 305 Galen Drive. 6. AGENDA: Mayor Rasco requested to hear Item 11A5 at the beginning of the agenda, to include a letter regarding the Rowing Club under Reports and Recommendations and to hear Item 1 of 14 April20, 1999 11A9 together with Item 10F; the Clerk reported that due to a scribners error agenda Item 10H (insurance resolution) should be Item 101 (this item was deferred to the meeting of April 27) and under Item 7G the correct attachment should have been resolution 98-56; CounciImember Oldakowski requested the removal of Items 7G and 7K from the consent agenda; Mayor Rasco requested the removal of Item 7H from the consent agenda. There were no objections to the agenda changes. 7. CONSENT AGENDA: The following consent agenda was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Cottncilmember Bass voting No. - The minutes of the Regular Council Meeting of 1vlarch 9, 1999, the minutes of the Swale Workshop of March 23, 1999, the minutes of the Civic Center Workshop of April 6, 1999 and the minutes of the Special Council Meeting of April 6, 1999. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FORA "COPS" GRANT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SPEND FEDERAL ASSET SHARING REVENUE FROM THE U.S. CUSTOMS DEPARTMENT TO PURCHASE AN ADDITIONAL UNMARKED VEHICLE FOR THE POLICE DEPARTMENT; PROVIDING FOR AN EI}"N'I.CTIVE DA I"E. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DESIGNATING COLONIAL BANK AS A DEPOSITORY OF THE VILLAGE FOR ONE OR MORE DEPOSIT ACCOUNTS; AND AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS; PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DESIGNATING NATIONS BANK AS A DEPOSITORY OF THE VILLAGE FOR ONE OR MORE DEPOSIT ACCOUNTS; AND AU`T'HORIZING SPECIFIED PERSONS TO EXECUTE CHECKS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SOLICIT BIDS FOR THE CONSTRUCTION OF THE VILLAGE OF KEY BISCAYNE SANITARY SEWER COLLECTION SYSTEM; PROVIDING FbR AN EFFECTIVE DATE: 2of14 April 20, 1999 A RESOLUTION OF THE VILLAGE KEY BISCAYNE, FLORIDA; SUPPORTING THE INTENT OF THE "AIRCRAFT NOISE TOWN HALL MEETING" TO REROUTE AIR TRAFFIC MOST EFFECTIVELY FOR NOISE ABATEMENT, ORGANIZED THROUGH MIAMI-DADE COUNTY COMMISSIONER JIMMY L. MORALES, INCLUDING REPRESENTATIVES FROM LOCAL, COUNTY, STATE AND FEDERAL AGENCIES. At this time Item 1 IA5 was heard. Mayor Rasco addressed the Council and the public regarding this item and introduced Mrs. Darlene Mooney, Principal, Key Biscayne Community School who addressed the Council regarding the initiative of Mayor Rasco for a partnership program for the development of Channel 99 with the Miami -Dade County Public Schools, Region IV. Mayor Rasco made a motion to enter into a; partnership program for the development of Channel 99 with the Miami -Dade County Public Schools, Region IV. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco. 8. AGENDA 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; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO NEGOTIATIONS WITH ROBERT G. CURRIE PARTNERSHIP ARCHITECTS, FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF A VILLAGE COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made, a motion to tablethe resolution. The motion was seconded by Councilmember Bass and approved by a 5-I voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Oldakowski and Mayor Rasco voting Yes. Vice Mayor Han voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING REVISED SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; REPEALING RESOLUTION 98-15, ON THE SAME SUBJECT MATTER; AND PROVIDING FOR AN EFF'ECTIVE DATE. Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Fried. 3of14 April 20, 1999 Mayor Rasco made an amending motion to add to #18 the following language: "any use of profanity or personal insults by the public or Councilmembers will cause that person to be called out of order by the presiding chair. He or she forfeits their time to speak on that issue before Council." The motion was seconded by Councilmember Broucek and failed by a 2-4 voice vote.. The vote was as follows: Councilmember Broucek and Mayor Rasco voting Yes. Councilmembers Bass, Fried, Oldakowski and Vice Mayor Han voting No. The main motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, °ldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk read the following resolutionby title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE INTENT OF THE FLORIDA BUREAU OF ARCHAEOLOGICAL RESEARCH TO ESTABLISH•A NEW STATE UNDERWATER ARCHAEOLOGICAL PRESFRVE ON THE SITE OF THE 'HALF MOON", A SHIPWRECK LOCATED IN BEAR CUT OFF KEY BISCAYNE. Vice Mayor Han made a motion to .approve the resolution. The motion was seconded by Councilmember Bass. Councilmember Oldakowski made an amending motion to delete Section 2 of the resolution. The motion was seconded by Councilmember Bass and failed by a 3-3 voice vote. The vote was as follows: Councilmembers Bass, Oldakowski and Mayor Rasco voting Yes. Councilmembers Broucek, Fried and Vice Mayor Han voting No. Councilinember Bass -made an amending motion to add the following language to section 2: "from staff, but no other expenditures are authorized." The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes.. The lesolutian as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 9. BUILDING, ZONING AND PLANNING; All witness giving testimony in the following zoning hearing were sworn in by the Clerk. Hearing Number 99 -03 -30 -RV -01. Jay Evens,50 Island Drive, the applicant is requesting two regulatory variances associated with the height of a CBS wall along each of the side lot lines: 1.) To permit a CBS wall along the northeast side lot line to be 8 ft tall for a distance of 33 ft In a district that limits the height of walls to 6 ft.; 2.) To permit a CBS wall along the southwest side lot line to be 2 ft. tall for a distance of 20 ft. In a district that limits the height of walls to. 6 ft. 4of14 April20, 1999 Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this variance recommending approval of the variances subject to the design of the wall and landscaping as indicated in the plans that were submitted with the application and the length of the wall along the northeast lot line shall be 31 ft. with the reduction occurring at that portion of the wall leading to the water. The Mayor opened the public hearing. There were no speakers were present. The Mayor closed the public hearing. Vice Mayor Han made a motion to approve the request as recommended by staff. The motion was seconded by Councilmember Fried and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 10. ORDINANCES: The Clerk read the following ordinance, by title, on second reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING CHAPTER 29.1 "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWER, AND OTHER PUBLIC IMPROVEMENTS, CONSISTING OF SECTION 29.1-10 "AUTHORITY FOR PROVIDING IMPROVEMENTS AND LEVYING AND COLLECTING SPECIAL ASSESSMENTS AGAINST PROPERTY BENEFITED," SECTION 29.1-11 "METHOD OF PRORATING SPECIAL ASSESSMENTS," SECTION 29.1-12 "RESOLUTION REQUIRED TO DECLARE SPECIAL ASSESSMENTS," SECTION 29.1-13 "PLANS AND SPECIFICATIONS," SECTION 29.1-14 "PUBLICATION OF RESOLUTION," SECTION 29.1-15 "PRELIMINARY ASSESSMENT ROLL," SECTION 29.1-16 "PUBLICATION OF PRELIMINARY ASSESSMENT ROLL," SECTION 29.1-17 "FINAL CONSIDERATION OF SPECIAL ASSESSMENTS," SECTION 29.1-18 "PRIORITY OF LIEN; INTEREST; AND, METHOD OF PAYMENT," SECTION 29.1-19 "LEGAL PROCEEDINGS MAY BE INSTITUTED," SECTION 29.1-20 "BONDS MAY BE ISSUED," SECTION 29.1-21 "AUTHORITY TO ASSURE VALID ASSESSMENT," SECTION 29.1-22 "EXPENDITURES FOR IMPROVEMENTS," SECTION 29.1-23 "ASSESSMENT ROLL, SUFFICIENT EVIDENCE OF ASSESSMENT," SECTION 29.1-24 "DENOMINATION OF BONDS; INTEREST, ETC., SECTION 29.1-25 "CONSTRUCTION AND AUTHORITY OF THIS CHAPTER," SECTION 29.1-26 "PROVISIONS SUPPLEMENTAL; SECTION 29.1-27 "ACTIONS TO CONTEST;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. Vice Mayor Han made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Fried. 5of14 April20, 1999 The Mayor opened the public hearing. Sam Davitian, 720 Myrtlewood Lane; Haydee. Archibald, 881 Ocean Drive; James Peters, 561 Allendale Road Antonio Camejo, 151 Crandon Boulevard; John Festa, 695 Harbor Lane; Nancy Doke -Harrison, 200 West Mashta Drive; Wendy Johannsen, 212 West MashtaDrive; Mathieu Dandah, 740 Mrytlewood Lane; Camille Gnething, 260 Seaview Dive. The Mayor closed the public hearing. The Manager addressed the Councilregarding:this ordinance. The Attorney also addressed the Council regarding this ordinance. Vice Mayor Han made an amending tion to amend section 29.1-18to delete "20". years and insert "30" years.The motion was seconded by Councilmember Bass and approved by a 7-0 roll call vote. The vote was as follows. Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Vice Mayor Han made an amending motion to delete "sanitary sewers" from :section 29.1-12 and insert the word "improvements". The motion was seconded by Councilmember Fein and approved by a 7,0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowsid, Vice Mayor Han and Mayor Rasco voting Yes. • MayorRasco,madean amending motion to amend section 29.1-14 by adding the following language: Additiona}jy, the publication shall be -made twice in a local newspaper. The motion was seconded by Councdlrnember, Bass and approved:. by a 7-0 roll call voter The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice MayorHan and Mayor Rasco voting The ordinance as amended was adopted on second reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Y. Coutieihurutber Bass voting No At this time CouneilmemberOldakowski made a motion to remove Item 7G from the. table. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass,Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting,Yes.` A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; "AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO NEGOTIATIONS WITH ROBERT G CURRIE PARTNERSHIP ARCHITECTS, FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF A VILLAGE COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. 6of14 April 20, 1999 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Bass and approved by a 6-1 voice vote. Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. Antonio Camejo, 151 Crandon Boulevard addressed the Council regarding this resolution. At this time Dr. Steve Simon, on behalf of the Key Biscayne Athletic Club, addressed the Council requesting that the contract with the Key Biscayne Athletic Club be increased by $10,000 for this current fiscal year and he also requested permission to place two additional portable backstops on the Village Green during baseball season to be removed at the end of the baseball season. Councilmember Oldakowski requested that the Key Biscayne Athletic Club provide a current budget to staff in order to better understand the need for the contract amendment. It was the consensus of Council to direct staff to bring these two items back to the Council Meeting of May 11, 1999. 11. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A MILLENNIUM COMMITTEE TO RECOMMEND INITIATIVES FOR CELEBRATING THE COUNTRY'S RICH HISTORY AND EYE TO THE FUTURE IN THE YEAR 2000 IN CONJUNCTION WITH CELEBRATIONS BY STATE AND NATION; PROVIDING FOR AN EFFECTIVE DATE. The Attorney addressed the Council regarding this resolution. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried and Mayor Rasco voting Yes. Vice Mayor Han voting No. Councilmember Oldakowski was absent during the vote. 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 ISSUE A REQUEST FOR PROPOSALS (RFP) FOR PURPOSES OF SOLICITING BIDS FROM SOLID WASTE HAULERS; PROVIDING FOR AN EFFECTIVE DATE, Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers 7 of 14 April 20, 1999 Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor 'Rase() voting Yes. Councilmember Bass was absent during the vote. The Clerk read the followingresolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H. WAKEFIELD, CHARLES FRED REBOZO AND MARY R. BOU3TERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20,1989, AS MODIFIED AND AMENDED, AND THE VILLAGE OF KEY:BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING ILLGE :MANAGER TD EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY, TO CLOSE'THE PURCHASE AND ALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE. Caunciknember Fried made a motion to approve Councilmember Broucek. At thi me, Attorney Weiss' e resolution. The motion troduced Attorney Elaine Cohen from his office. as seconded by Councilmember Oldakowski made an amending motion to reduce the size of the name display sign to 12 sq. ft. The motion was seconded by Vice Mayor Han and approved by a 4-2 voice vote. The vote was as follows: Councilmembers Bass; Fein, Oldakowski and Vice Mayor Han voting Yes. CounciimemberFried and Mayor Rasco voting Na Councilmember Broucek was absent during the Attorney Cohen addressed the Council regarding,the sign.. Vice Mayor Han made an amending motion that the name display sign be flushed with the ground. The motion was seconded by Councilmember Oldakowski and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried, Oldakowski and Vice Mayor Han voting Yes. Councilmember Fein and Mayor Rasco voting No. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek was absent during the yote. 8of14 April 20, 1999 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 ON BEHALF OF THE VILLAGE WITH MR. FRANK GARISTO, TO PROVIDE VIDEOGRAPHIC SERVICES FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACT WITH E.S.P. OF SOUTH FLORIDA, INC. FOR THE INSTALLATION OF LIGHTING FIXTURES IN CONNECTION WITH THE EAST ENID DRIVE ROAD IMPROVEMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek was absent during the vote. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: ADOPTING SITE PLAN "B" FROM THE CIVIC CENTER WORKSHOP AS "THE VILLAGE CIVIC CENTER SITE PLAN"; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein withdrew this resolution. There was no objection to the withdrawal. At this time Mayor Rasco addressed the Council regarding Item 11A9, recommending that the Village Manager engage firms to implement a program analysis on the buildings that are presently contemplated for the Village of Key Biscayne Civic Center. It was the consensus of Council to direct staff to contact the Department of Management Services and arrange for a presentation before Council. April 20, 1999 The Clerk read the following resolution by title: A RESOLUTION OF THE -.VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACT WITH U.S. LAWNS FOR THE PURCHASE AND INSTALLATION OF LANDSCAPE MATERIALS IN CONNECTION WITH TRAFFIC CALMING DEVICES LOCATED ON WEST MASHTA DRIVE AND HARBOR DRIVE; 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 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried; Oldakowski, Vice Mayor Han andl or Rasco voting Yes. 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 AMENDMENT TO THE OCTOBER 13,1998 CONTRACT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES. WITH O:B.M., MIAMI, INC. (SERVICES FOR THE PROPOSED FIRE SL ATION); PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution. The motion was seconded by Councilmember Fein.. AC this time Councilmember Broucek reminded the Council that it was after 10:00 p.m. and, therefore, time for the Manager's Report. Mayor Rasco made a motion to continue discussion on this resolution_ The motion was seconded by Councilmember Fried and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco votingYes. Councilmember $roucek voting No. Mayor Rasco made a motion to table this resolution. The motion was seconded by Councilmember Bass and failed by a 34 voice vote. The vote was as follows: Councilmembers Bass, Broucek and Mayor Rasco voting Yes. Councilmembers Fein, Fried, Oldakowski and Vice Mayor Han voting No. The resolution was approved by a 4-3 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Bass, Broucek and Mayor Rasco voting No. At this time the Manager's report was heard. 10of14 April 20, 1999 12. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. The Village Manager addressed the Council regarding the Civic Center Financing Plan and presented three different financial options. Michael Kahn, 881 Ocean Drive addressed the Council. The Manager addressed the Council regarding Adelphia Cable reporting that a tentative public hearing before Miami -Dade County is set for Tuesday, June 15, 1999, 7:00 p.m. The Manager also encouraged residents to call Miami -Dade County when they have cable problems. It was the consensus of Council to direct the Attorney to bring back the franchise issue to the next Council meeting. The Attorney addressed the Council regarding the cable issue. At this time the Mayor introduced Mr. John Rosser, President of the Miami Rowing Club Parents' Association. Mr. Rosser, 300 Redwood Road, addressed the Council regarding a request for a Key Biscayne Fire Rescue unit for their 26th Annual Rowing Regatta on April 24, 1999 from 7:00 a.m. to 5:00 p.m. Chief of Fire Rescue, John C. Gilbert addressed the Council regarding this issue, stating that the Village could provide a volunteer paramedic with first responder capabilities in a command vehicle, with a radio. Councilmember Broucek graciously offered to pay for the City of Miami Fire Rescue unit to be at the event at a cost of $1,500. Vice Mayor Han made a motion to approve that the Village provide a volunteer paramedic with first responder capabilities in a command vehicle, with a radio for the 26th Annual Rowing Regatta on April 24, 1999 from 7:00 a.m. to 5:00 p.m. The motion was seconded by Councilmember Bass and approved by a 7-0 vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes: At this time the Village Attorney's report was heard. Village Attorney. The Village Attorney submitted an environmental report concerning the SunTrust site. The report consisted of a letter from the Village Attorney to the Village Council dated April 13, 1999 and attached to it a letter from Clark Engineers -Scientists dated April 12, 1999, where they reported that they had performed a Phase I and limited Phase II Environmental Site Assessment for portions of Tract 7 and 4 MATHESON ESTATES, 85 West McIntyre Street, Key Biscayne, Florida 11 of 14 April 20, 1999 C (letter attached for the record). There was no direction from Council, at this time, to terminate the contract. At this time Item 11A Mayor and Councilmembers was heard. Mayor and Councilmembers. Councilmember Broucek addressed the Council regarding the 12 month evaluation of the Village Clerk, making a motion to increase and adjust the Clerk's salary, effective April I, 1999, to $50,000. The motion was seconded by Mayor Rasco. Councilmember Bass made an amending motion Io increase the Clerk's salary to $47,500. The motion was seconded by Vice Mayor Han and failed by a 1-6 voice vote. The vote was as follows: Councilmember Bass voting Yes. Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting No Camille Guething, 260 Seaview<Drive; Michael Kahn, 881 Ocean Drive and Ed Stone 145 Hampton Lane addressed the Council regarding the Clerk's evaluation. The main motion was approved by a 743 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Oldakowski made a motion to rescind the action taken by the Village Council on instructing the Village Manager to notify 744 property owners of right-of-way violations as defined by the Miami -Dade County swale ordinance. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Mayor Rasco made a motion to approve the appointment of a committee for the selection of the architect for the design and construction of the Police Station. The motion was seconded by Vice Mayor Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Mayor Rasco made a motion to approvethe appointment of the Year 2000 Census Committee. The motion was seconded by Councilmember Broucek. The motion was, approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. It was the consensus of Council to appoint Councilmember Broucek as the liaison for this committee. Councilmember Oldakowski made a motion to approve additional hours for the Key Biscayne library. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The 12 of 14 0 0 April 20, 1999 vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Oldakowski made a motion requesting that the Manager look into safety measures for driveways existing on to Crandon Boulevard and bring this issue back before Council. The motion was seconded by Councilmember Bass and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, and Mayor Rasco voting Yes. Councilmember Fried and Vice Mayor Han voting No. Mayor Rasco made a motion to instruct the Village Clerk to set a date for the election for the swale referendum and to instruct the Village Attorney to draft referendum language that would put the issue on the ballot to be presented at the May 11, 1999 Council meeting: The motion was seconded by Councilmember Broucek. Vice Mayor Han made a motion to defer this item to the May 11, 1999 Council Meeting. The motion was seconded by Councilmember Fein and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han voting Yes. Mayor Rasco voting No. Vice Mayor Han and Councilmember Fried addressed the Council reporting on their recent trip to Tallahassee, Miami -Dade Days. At this time the Manager addressed the Council regarding a recommendation to contract with Creative Camp, Inc. to run one of our Summer camp programs this year. The Manager will bring a contract for the consideration of Council to the next meeting. Councilmember Bass addressed the Council regarding a request from the Attorney as to the legalities of requesting that the correspondence between the Village liaison on playing fields and relative officials be made available to the Council and the public. Village Clerk. The Clerk submitted copies of the following proclamations issued by the Mayor during March and April: recognizing Marie Swindall, Joan Gill Blank, Congresswoman Ileana Ros- Lehtinen, National Youth Service Day and Sister Marie Angela. 13. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 14. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 15. ADJOURNMENT: The meeting was adjourned at 11:05 p.m. 13 of 14 April 20, 1999 lly submitted: Conchita H. Alvarez, CMC Yrl age Ckrk Approved this T I_ t y of May ,1999: Joe L !Casco 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. 14 of 14 APR -13-1999 TUE 10:27 AM FAX N0. P. 02/09 LILLIAN ARANGO DE LA H02* PATRICIA M. BALOYRA MITCHELL A. BIERMAN NINA L. BONISKE ELAINE M. COHEN JAMIE ALAN COLE DANIEL H. COULTOFF MICHELLE M. GAM-ARD0 JENNIFER GO Me ERG DOUGLAS R. GONZALES EDWARD G. GUEDES STEPHEN J. HELFMAN JOHN R. HERIN, JR. ROBERT W. HOLLAND* JILL A. JARKESYt CHRISTOPHER F. KURTZ GILBERTO PASTORIZA NANCY RUBIN• GAIL D. SCROTA* JOSEPH H. SCROTA JEFFREY P.-SHEFFEL DANIEL A. WEISS* RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ Mr. C. Samuel Kissinger Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 WEISS SEROTA HELFMAN PASTOHIZA & GUEDES, P,A. ATTORNEYS AT LAW 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE (305) a54-0800 TELECOPIER (305) 854-2323 WINW.WSH-FLALAW.COM April 13, 1999 SROWARD OFFICE 1132 SOUTHEAST SECOND AVENUE FORT LAUDERDALE, FLORIDA 33316 TELEPHONE (554) 763-4242 TELECOPICR (934) 764-7770 PALM: SCACH OFFICE 1$72 SOUTHWEST 17T"' STREET BOCA RATON, FLORIDA 334E16 TELEPHONE (561) 392-6762 TELECOPIER (561).392-7551 *O£ COUNSEL Contract for Purchase and Sale of Real Property dated as of December 22, 1998 entered into by and between SunTrust Bank, Miami, N.A. ("SunTrust"), as Seller, and the Village of Key Biscayne (the "Village"), as Bayer, as amended by letter agreement dated February 16, 1999, as further amended by letter agreement dated February 26, 1999, as further amended by letter agreement dated March 16, 1999 (the "Contract") Dear Mr. Kissinger: Pursuant to the terms of the Contract, the Village has the right to terminate the Contract, in its sole discretion, by delivering written notice to SunTrust or SunTrust's attorney no later than April 23, 1999, As part of the Village's due diligence investigations, the Village has completed its building and environmental inspections of the subject property. At our meeting with SunTrust's representatives last week, SunTrust agreed to give the Village a 325,000 credit at closing for the repairs identified in the Village's building inspection report. That agreement will be reflected in a letter agreement to be entered into between the Village and SunTrust. Since petroleum contamination was found at the gas station site located at 530 Crandon Boulevard, Key Biscayne, Florida (the "Citgo Site") which is immediately south of the proposed Bank Branch site and east of the proposed City Parcel site, the Village's environmental auditor, APR -13-1999 TUE 10,29 AN FAX NO. P. 03/09 Mr, C. Samuel Kissinger April 13, 1999 Page 2 Edward E. Clark Engineers -Scientists, Inc. ("CIark"), completed a Phase I and limited Phase II Environmental Site Assessment of the subject property (the "ESA"). As part of the environmental investigations of the subject property, indoor air quality testing and asbestos, lead paint and radon inspections were also performed. The results of (i) the asbestos, lead paint and radon surveys and (ii) the indoor air quality testing did not reveal any environmental concerns with respect to the improvements located at the subject property. Phase II of the ESA included soil borings and installation of groundwater monitoring wells in order to determine if there was any petroleum contamination in soil or groundwater at the subject property. A summary of the results of the ESA report dated February 15, 1999 is attached as Exhibit "A" (the "ESA Summary"), Clark concluded that the results of the limited Phase II investigation "failed to identify any significant petroleum contamination in the soil or groundwater."' The Florida Department of Environmental Protection ("FDEP") has found the Citgo Site eligible for state funded remediation assistance under the Florida Petroleum Liability and Restoration Insurance Program. However, since the Citgo Site has a low ranking score of eleven (11), it could be years before that site will be cleaned up the State. Although the ESA did not reveal any significant soil or groundwater petroleum contamination of the City Parcel at this time, it is possibie that the City Parcel could become contaminated in the future with pollutants emanating front the petroleum contaminated Citgo Site. We have obtained a "comfort letter" from the FDEP (the "Comfort Letter") regarding PDEP's "enforcement policy toward a property owner whose property has been contaminated with pollutants emanating from an adjacent source property." A copy of the Comfort Letter is attached as Exhibit "B". The Comfort Letter states that "the state will pay the cost of cleanup if the petroleum contamination has migrated onto adjacent properties. Please be advised, however, that the Comfort Letter is only informational and does not confer any rights on the contaminated non -source property owner. Any construction activities conducted at the non -source property owner's site must not exacerbate or spread the contamination and any construction activities involving digging should be coordinated with FDEP's Southeast District Office and Miami -Dade County Department of Environmental Resources Management. In the event the City Parcel site becomes contaminated with petroleum in the future, the owner of the City Parcel site would need to demonstrate to PDEP that the source of the petroleum contamination was the Citgo Site and that the petroleum contaminationmigrated onto the City Parcel. Clark has concluded that the potential for a future impact from the leaking underground storage tank at the Citgo Site "is believed to be low since the movement of groundwater in the area is primarily vertical due to tidal influences." Section 9.1.5 of the Contract contains an indemnity from SunTrust which survives for a period of one -hundred eighty (180), days following closing with respect to the existence, use, or misuse, handling or mishandling, storage, spillage, discharge or seepage into the ground, in water See page 2 of the ESA Summary WEISS SEROTA H1 LrMAN PASTORIZA & GUEDES, P.A.. APR -13-1999 TUE 10:30 hN FAX NO, P. 04/09 Mr. C. Samuel Kissinger April 13, 1999 Page 3 bodies or the ground water at any time prior to closing of any Hazardous Materials (as defined in the Contract) in, on, under, at or used upon the subject property (the "Hazardous Materials Indemnification"). The Village intends to update the Phase II environmental audit prior to closing. The Hazardous Materials Indemnification contained in the Contract will apply to any Hazardous Materials located at the subject property prior to closing which are disclosed by the updated environmental audit. However, SunTrust will not agree to expand the Hazardous Materials Indemnification to cover any future petroleum contamination of the City Parcel emanating from the Citgo Site which may occur after closing. Accordingly, this matter should be placed on the agenda for the next Village Council meeting in order for the Council to make a determination as to whether or not it wants to tenninate the Contract prior to expiration of the due diligence period under the Contract, Very truly yours, Elaine M, Cohen EMCljcc 703030 cc: Richard 5. Weiss, Esq. WEISS SEROTA REEF -MAN PASTORIZA & GUEDES, P.A. APR -13-1999 TUE 10:31 AM FAX NO. EXHIBIT "A" P. 05/09 Mr. C. Samuel Kissinger Village Manager Village d Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Subject: Dear Mr. Kissinger, "Da/tatted to !4*; bustnam andgorrmaravt rrtd4rstand and nrat their ata'm-wartal a6ligations' April 12, 1999 Environmental Site Assessment Report (ESA Phase l and II) For portions of Tract 7 and 4 MATHESON ESTATES, 85 West McIntyre Street, Key Biscayne, Miaml-Dade County, Florida The firm of Edward E. Clark Engineers -Scientists, Inc.(CLARK) has performed a Phase I and limited Phase I1 Environmental Site Assessment (ESA) for the above referenced site. The terms and conditions, stated in Section 2,2 of the ESA Report are still in effect and binding. As requested, this latter is to summarize and amplify upon the report findings, however we continue to urge you to read the report In Its entirety. An ESA comprises a number of individual elements whose basic nature and extent are determined in accordance with the standard of care applicable to ESAs. We believe that we have complied with the applicable standard of care and that we have complied as well with ESA practices and service scope elements recommended by the American Society for Testing and Materials (ASTM). MARK'S services included independent inquiries with respect le asbestos, lead paint, radon and indoor air quality testing. Copies of the independent reports are enclosed at the bads of the ESA report. A summary of the ESA Report findings follows: The initial site reconnaissance of the subject property was conducted on January30,1999. The property consists of approximately 2.173 acres of land and a two story concrete block office building currently occupied by SunTrust Bank, the Village of Key Biscayne, a real estate company and an attorney's office. A review of govemment agency listings indicates (1) the subject property was not listed in any of the databases searched: (2) underground storage tanks (UST) are not currently permitted for the site, but USTs have been permitted for two adjacent properties: and (3) unauthorized releases of petroteum hydrocarbons or hazardous materials have been reported for two adjacent properties and three other properties in the vicinity of the site. A limited Phase 11 soil and groundwater investigation was carried out to further explore the concerns and questions raised in the Phase .1 pertaining to the two adjacent properties. EDWARD E. CLARK ENGINEERS . SCIET1sTs. INC. • 7270 N.W. 12111 Se ti,.5u1x 740 • Miami, florid. 33126 • (305) 433-1411 APR -13-1999 TUE 10:32 AM FAX N0. P. 06/09 Mr. C. Samuel }Cssinger April 12, 1999 Page 2. • An independent limited asbestos building , lead paint and radon gas survey was performed on February 8, 1999 by ARS Environmental, Inc. No asbestos building material was found in the secured bulk samples collected from within the structure. No radon gas was detected in any of the air samples collected from within the building. No lead based paint was detected in any of the areas tested. • An Independent Indoor air quality assessment was performed on February 3 and 4, 1999 by Advanced Industrial Hygiene Services, Inc. Test parameters including carbon dioxide, temperature, relative humidity, gaseous vapors and total respirable particulates were found to be within acceptable ranges, • The petroleum contamination at the former gasoline station located at 560 Crandon Boulevard (southeast of the subject property) was remediated by PIECO in 1990. A Site Rehabilitation Completion Report was submitted in September 19995 and approved by FOE? In November 1995. As of November 1995, no additional site rehabilitation at the site is required. The limited Phase it investigation included performing soil borings and installing three groundwater monitoring wells on the eastern boundary of the subject property and the adjacent Citgo property (LUST site), and laboratory analysis of both soil and groundwater samples. The results of the limited Phase 11 field investigation conducted by CLARK at the 85 West Mclntyre Street, Key Biscayne property failed to identify any significant petroleum contamination in the soil or groundwater. In addition, all areas of stained soil and hazardous materials found or identified during the Phase 1 investigation have been excavated and/or removed from the property. A review of Department of Environmental Resources Management (DERM ) records showed that the adjacent CITGO station performed the required tank and line tightness tests subsequent to the 1996 leak Incident. The tanks passed the ligl Mesa tests, indicating the leak had been stabilized. The CITGO station (as the responsible party) has applied for, and has been approved for State funds for the dean -up under the Florida Petroleum Liability & Restoration Insurance Program (FPLRIP). On December 13, 1996, FDEP determined that the station was eligible for state -funded remediatlon rehabilitation assistance, dictated by the State's priority ranking score and pre -approval of scope of work and costs basis. APR -13-1999 TUE 10:33 AM FAX NO. P. 07/09 asuo Mr, C. Samuel }Cssinger April 12, 1999 Page 3, According to Ms. Fayma Childs, DERM, the service station has a priority ranking of eleven (11). The State of Florida reimbursement program is currently funding sites with priority ranking scores of approximately 65-70 or higher. Based on the number of sites currently approved for assistance, it is estimated that it will be several years before FPLRIP funds are made available for this specific site, According to Ms. Childs, since the site has been approved for clean-up assistance, the station is currently not required to initiate any assessment and/or cleanup activities until the State funds are authorized., when those funds become available. The reported leaking underground petroleum storage tanks located on the adjacent property have not caused an environmental impact on the subject property at this time, and the potentiat for a future impact from the 1996 leak on the subject property is believed to be tow since the movement of groundwater in the area is primarily vertical due to tidal influences, Should future construction at the subject property include de watering activities, certain precautions may be necessary to avoid inducement of groundwater flow from the adjacent (CITGO) Property. Please be advised that CLARK cannot warrant or guarantee that any potential future leaks will not impact the subject property. in the professional opinion of Edward E. Clark Engineers -Scientists, Inc. (CLARK) ail appropriate inquiries have been made with the previous ownership, and uses of the properly consistent with good commercial or customary practices in an effort to minimize liability. Laboratory data of both soil and groundwater collected as part of the Phase 11 investigation did not indicate an environmental impact that would necessitate an environmental response action or otherwise could result in a material financial liability for the owners or operators of the property. However, CLARK cannot under any circumstances warrant or guarantee that not finding indicators of hazardous materials means that hazardous materials do not exist on the site. Please call me or Mr. Ken Baughman for assistance, EEC/bjk Project 9908 cc: Elaine M. Cohen, Esq., Weiss Serota Helfman Pastoriza & Guedes, P.A. Yours truly, • Edward E. Clark, Ph.D„ Pl. President APR -13-1999 TUE 10:34 AM FAX NO. P. 08/09 Jeb Bush Governor EXHIBIT "B" Department of Environmental Protection Ms. Elaine Cohen Weiss, Serta, Helfman, et al. 2665 S. Bayshore Dr., Suite 420 Miami, Florida 33133 Marjory Stoneman Douglas Building 3400 Commonwealth Boulevard David B. Scrubs Tallahassee, Horida 32399-3000 Secretary February 8, 1999 Subject: 85 W. McIntyre St., Key Biscayne, F1. adjacent to - DEP Facility #138504998, Island Standard Station, 530 Crandon Blvd., Key Biscayne, F1.{FPLRIP prog. & site score 11 } Dear Ms. Cohen, This letter is in response to your February 8, 1999, request for information regarding the above reference property which is, according to information you provided to me, adjacent to the above referenced petroleum contaminated site. I understand that you would like information regarding the Department's enforcement policy toward a property owner whose property has been contaminated with pollutants emanating from an adjacent source property. Property owners are nearly always liable for contamination on their own property.. However, the Department will not take enforcement action for cleanup or for cost recovery against an owner of property where pollutants have migrated from sources outside of the property; provided, that the owner did not cause, contribute to or exacerbate the release or discharge, the person causing the release is not contractually related to the owner, and the owner is not alternatively liable as a generator or transporter, or as owner/operator of the source. This policy extends to the adjacent property owner's (contaminated non -source property owner) successors and lenders. See §376.308, Florida Statutes. The adjacent property owner is not without responsibilities, however. The adjacent property owner should grant site access (in some circumstances must grant site access) to allow inspections, assessment and remediation of the contamination on the property. If there are construction activities on this site such activities must not cause further spreading of and/or exacerbate the contamination. If any contaminated soil, groundwater or other media are removed it must be properly treated and/or disposed of in accordance with Department rules. Lastly, as a reminder, there are OSHA regulations regarding worker safety on contaminated construction sites. Regarding cleanup at sites eligible for state funding, the state pays for the cleanup of the petroleum contamination on the eligible source property. Additionally, the state will pay the cost "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed an recycled paper. APR -13-1999 TUE 10:35 AN FAX N0. P. 09/09 of cleanup if the petroleum contamination has migrated onto any adjacent properties. That means if it is shown to the Department that there is petroleum contamination at the McIntyre Streetproperty which originated from a site receiving a state funded cleanup, the state will pay for the cleanup at the non -source property. However, the responsibilities outlined in the previous paragraph still apply, the property owner must provide site access, etc_ To ensure there are no misunderstandings, I recommend coordinating any construction activities which require digging with the Department's Southeast District Office and the Dade County Department of Environmental Resources Management. if you would like a binding statement of the Department's position regarding your situation, you may request a Declaratory Statement pursuant to section 120.565, Florida Statutes. Please contact me if you have further legal questions. Rebecca Grace Senior Assistant General Counsel cc: Kamp Pridgen, BPSS tanks/a4imtint:dnc MINUTES LOCAL PLANNING AGENCY VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 27, 1999 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, Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe 1. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Weiss and Jeff Sheffel. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. REPORTS AND RECOMMENDATIONS: The following items were discussed: Jud Kurlanchek, Director of Building, Zoning and Planing, addressed the Council regarding a letter received from Mr. Michael D. McDaniel, Growth Management Administrator, Department of Community Affairs advising the Village that there are several issues regarding the ordinance that is before Council today, therefore, the ordinance will be withdrawn and not considered by Council. e Attorney addressed the Council regarding the proposed ordinance. 4. ORDINANCES: The following ordinance was withdrawn. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"); AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VILLAGE (THE "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY 1 of 2 April27, 1999 AMENDING THE FUTURE LAND USE CATEGORY DESCRIPTIONS (THE "DESCRIPTION"); BY REVISING THE "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN MINIMUM LOT SIZE REQUIREMENTS; REVISING A PORTION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERTIES ADJOINING THE EAST =SIDE OF FERNWOOD ROAD, NORTH OF WEST WOOD DRIVE AND SOUTH OF BUTTONWOOD DRIVE, TO CHANGE THE LAND USE DESIGNATION FROM CIAL TO TWO FAMILY RESIDENTIAL AMENDING ME CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN BY PROVIDING FOR ADDITIONAL GOALS,.OBJECTIVES; • AND POLICIES; PROVIDING FOR SEVERABILITY, REPEALER, INCLUSION INTIM CODE OF THE VILLAGE OF KEY BISCAYNE, AND AN EFFECTIVE DATE. ADJOURNMENT; The meeting was adjourned at 7:15 p.m. Res,. 7 ` lly snknitted: Conchtta IL Alvarez, CMC Villageraerk Approved this 11th day of May , 1999: 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 ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 27, 1999 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 7:17 p.m. Present were Councilmembers Scott Bass, Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe L Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Weiss and Jeff Sheffel. 2. REPORTS AND RECOMMENDATIONS: Mayor Rasco addressed the Council and the public stating that since the proposed ordinance was withdrawn from the LPA agenda, there is no need for further discussion. Conchita Suarez, 201 Crandon Boulevard addressed the Council. The Mayor requested a 3 minute recess. The Mayor requested that the Clerk take a roll call at this time. Present were Councilmembers Scott Bass, Martha Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski and Mayor Joe I. Rasco. Vice Mayor Gregory C. Han was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Richard Weiss and Jeff Sheffel. 3. CONSENT AGENDA: Councilmember Oldakowski requested the removal of Item 2A2 from the consent agenda and Councilmember Bmucek requested the removal of Item 2AI from the consent agenda. There were no objections to the agenda changes. 1 of 3 April27, 1999 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACTS TO PROVIDE THE FOLLOWING EMPLOYEE MEDICAL INSURANCE AND RELATED BENEFIT PROGRAMS; PROVIDING FOR AN EFFECTIVE DATE. The Manager and the Director of Finance and Administrative services, Tom Zannis addressed the Council regarding this resolution. Councihnember Fried made a motion to approve the resolution: The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilrnembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING THE CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS FOR EAST HEATHER DRIVEAND ISLAND DRIVE (PHASE ONE) IN THE AMOUNT OF $105,000 TO M.E.F. CONSTRUCTION; PROVIDING FOR AN EFFECTIVE DATE. The Manager addressed the Council regarding this resolution. 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 was as follows: Couneilmembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. ADJOURNMENT: The meeting was adjourned at 7:40 p.rn. tfully submitted: Conchita IL Alvarez, CMC Village Clerk da of May ,1999: Joe 1. Rasco Mayor PL®Rin 2of3 April27, 1999 IF 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 VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 11, 1999 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 7:07 p.m.), Martha F. Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe L Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita 11. Alvarez and Village Attorney Richard Weiss. INVOCATION: Attorney Weiss gave the invocation. 3: PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Anne Owens, Director for Community Affairs, The Islander News introduced The Islander News and the.EnviroFest first place winners who presented packets to the Village Council. The presentation of the proclamation to John W. Jacobs commending him on becoming an Eagle Scout was withdrawn due to Jay not being able to attend the meeting. The special presentation by Mr. Sonny Holzman, Chairman Miami -Dade Expressway Authority, on the topic "Just Say No To Gridlock" was re -scheduled for the Council meeting of June 8, 1999. At this time Mayor Rasco introduced Representative Gus Barreiro, who addressed the Council and the public. 1 of 12 May 11, 1999 The presentation regarding the American Crocodile was withdrawn. James DeCocq, Assistant to the Village Manager, addressed the Council and the public regarding this issue. Carol Ann Rudy, President of the Key Biscayne Music and Drama Club addressed the Council regarding a proposal for the Village of Key Biscayne becoming a co-sponsor in the forthcoming production of the musical, "You're a Good Man, Charlie Brown." 5. PUBLIC COMMENTS: Charles Sherman, 301 Sunrise Drive; James Peters, 561 Allendale Road addressed the Council. 6, AGENDA: Councilrnember Bass withdrew Item 10A1; Vice Mayor Han requested the removal of Item 7D from the consent agenda; Counciimernber Oldakowski requested the removal of Item 7L from the consent agenda. There was no objection to the agenda changes. '7. CONSENT AGENDA: The following consent agenda was approved by a 7-0 voice vote. The vote was as follows: Cquneilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Raseo voting Yes. The minutes of the Regular Council Meeting of April 20, 1999, the minutes of the Local Planning Agency Meeting of April 27, 1999, the minutes of the Zoning Meeting of April 27, 1999. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE FLORIDA LEGISLATURE, THE INSURANCE COMMISSIONER, THE FLORIDA CABINET AND THE GOVERNOR TO STRONGLY OBJECT TO THE REQUEST OF THE FLORIDA WINDSTORM UNDERWRITING ASSOCIATION TO RAISE RATES AS MUCH AS 253 PERCENT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH CREATIVE CAMP, INC. FOR PROFESSIONAL SUMMER CAMP SERVICES; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB;. PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE KEY BISCAYNE ATHLETIC CLUB TO INSTALL TWO ADDITIONAL PORTABLE BACKSTOPS ON THE VILLAGE GREEN; PROVIDING FOR AN EFb'1 CTIVE DATE. 2of12 May 11, 1999 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;; RECOGNIZING MAY 9 THROUGH MAY 15,1999 AS NATIONAL POLICE WEEK; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 16 THROUGH MAY 22, 1999 AS EMERGENCY MEDICAL SERVICES WEEK; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APRIL 8, 1999 FINAL MASHTA BRIDGE AGREEMENT BETWEEN CONTRACTOR, CONE CONSTRUCTORS, INC., AND THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACT WITH E.S.P. OF SOUTH FLORIDA, INC. FOR THE INSTALLATION OF LIGHTING FIXTURES IN CONNECTION WITH TRAFFIC CALMING DEVICES LOCATED ON WEST MASHTA DRIVE AND HARBOR DRIVE; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DESIGNATING THE ESTABLISHMENT OF A RESERVE FUND, "SPECIAL DISASTER RELIEF RESERVE FUND" FOR THE PURPOSE OF PROVIDING FUNDS FOR THE DEVELOPMENT, IMPROVEMENT AND ENHANCEMENT OF OUR EMERGENCY MANAGEMENT PLAN; PROVIDING FOR AN EFFECTIVE DATE. AGENDA 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; RECOGNIZING THE SIGNIFICANCE OF STILTSVILLE TO SOUTH FLORIDA HISTORY; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution. The motion was seconded by Councilmember Bass. Don Chinquina, Executive Director of the Tropical Audubon Society addressed the Council. Vice Mayor Han made an amending motion to delete the fourth Whereas clause, to add under Section 2 "present owners leases with the State of Florida" and to add a new Section 3 'The Village 3of12 May 11, 1999 Council recommends that the National Park Service and the Department of the Interior find the funds to keep the existing structures under public ownership to preserve them for the community". The motion was seconded by Councilmember Fein and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski Vice Mayor Han and Mayor Rasco voting Yes. Counciimember Broucek voting No. The resolution as amended was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakawski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek voting No; The Cleric read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING THE CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS FOR WEST HEATHER DRIVE {AIME TWO) IN THE AMOUNT OF $195,000 TO M.E.F'CONSTRUCTION; PRIM DI k'OR. AN EFFECTIVE DATE. Councilmernber Fried made, a motion toapprove the resolution. The motion was seconded by Cound emberOldakow aid. .. Rob de Cespedes, 18& Mashta Drive; John Rosser, 300 Redwood; Jim Asher, 381 West Heather Drive; Eileen Markowitz, 161 Crandon Boulevard; Jim Taintor, 355 Harbor Drive; Jim Peters, 561 Allendale Road addressed the Council. Councilmember Oldakowski, made a motion to table this resolution. The motion was seconded by Councilmember Fein and failed by a 2-5 voice vote. The vote was as follows: Councilmembers Fein and Oldakowski voting Yes. Councilmembers Bass, Broueek, Fried; Vice Mayor Han and Mayor Rasco voting No. The resolution was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Vice Mayor Han and Mayor Rasro voting Yes. Councilmembers Bass and Oldakowski voting No. 8. ORDINANCES: The Clerk read the ordinance, by title, on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CREATING CHAPTER 21, STREETS AND SIDEWALKS, TO PROVIDE REGULATIONS FOR THE PLACEMENT OF LANDSCAPING MATERIALS IN THE UNPAVED PORTION OF THE CITY'S RIGHTS -OF -WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 4of12 May 11, 1999 Vice Mayor Han made a motion to approve the ordinance on first reading. The motion was seconded by Councilmember Fried. The Mayor opened the public hearing. Craig Henry, 40 Island Drive; Michele Barnett, 355 Westwood Drive; Charles Sherman, 301 Sunrise Drive; John Rosser, 300 Redwood Lane; James Peters, 301 Allendale Road; Haydee Archibald, 881 Ocean Drive; Maria Zayas-Bazan,' 662 Glenridge Road; Camille Guething, 260 Seaview Drive; Pat Weinman, 940 Mariner Drive; Michael Kahn, 881 Ocean Drive; James Taintor, 355 Harbor Drive; Rob de Cespedes, 188 West Mashta Drive; Jim Asher, 381 West Heather Drive addressed the Council. The Mayor closed the public hearing. The Attorney addressed the Council regarding this ordinance. The ordinance failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Fried, Oldakowski and Mayor Rasco voting Yes; Councilmembers Bass, Broucek, Fein and Vice Mayor Han voting No. Vice Mayor. Han made a motion to reconsider the ordinance. The motion was seconded by Councilmember Fein and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Councilmember Bass and Mayor Rasco voting No. Vice Mayor Han made a motion to approve the ordinance on first reading with staff's recommendations. The motion was seconded by Councilmember Fein and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Bass and Broucek voting No. The Clerk announced the second reading of this ordinance for May 25, 1999. 9. RESOLUTIONS: The Clerk read the following resolution bytitle: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH EAS ENGINEERING, INC., CORAL GABLES, FLORIDA, FOR PROFESSIONAL ENVIRONMENTAL AND ENGINEERING SERVICES FOR PINES CANAL OVERLOOK AND DOCK; PROVIDING FOR AN EFFECTIVE DATE. Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Bass. 5of12 May 11, 1999 The Manager addressed the Council regarding this resolution. Bill Ofgant, 512 Femwood Road addressed the Council. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski Vice Mayor Han and Mayor Rasco voting Yes. Counci {member Brourek was absent during the vote., The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H. WAKEFIELD, CHARLES FRED REBOZO AND 'MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20,1989,` AS MODIFIED AND AMENDED, AND THE VILLAGE OF KFY BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING VILLACF MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; . AUTHORIZING VILLAGE MANAGER TO TAKE' ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE; SUPERtEDING RESOLUTION NO. 99-29 ON THESAME SUBJECT. Councilmember Fried made a motion ,to approve the resolution. The motion was seconded by Councilm- r OIdakowsxki and. approved by a 5-1 voice vote. The vote was' as follows: Councilrtsembers. Brous, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. Councilmember Fein was absent during the vote. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE ATTACHED FLOOR PLAN FOR THE NEW COUNCIL CHAMBER AND AUTHORIZING THE VILLAGE MANAGER TO CONSTRUCT THE SPACE; PROVIDING FOR AN EFFFCTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Vice Mayor Han and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broueek, Fried, Oldakowskl, Vice Iviayor Han and Mayor Rasco voting Yes. Councilmember Fein was absent during the vote. 6of12 May 11, 1999 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 NEGOTIATE A CONTRACT WITH THE DIVISION OF MANAGEMENT SERVICES OF THE STATE OF FLORIDA TO PROVIDE PROFESSIONAL SERVICES TO THE VILLAGE OF KEY BISCAYNE THROUGH THE PLANNING AND CONSTRUCTION OF UPCOMING BUILDING PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE TO ENTER INTO A CONTRACT WITH THE KEY BISCAYNE MUSIC AND DRAMA CLUB FOR CO-SPONSORSHIP OF A THEATRICAL PRODUCTION; PROVIDING AN EFFECTIVE DATE. Mayor Rasco made a motion to approve the resolution. The motion was seconded by Vice Mayor Han. Councilmember Bass made an amending motion to insert "in the amount of $2,000". The motion was seconded by Vice Mayor Han. Rachel Benshton, 459 N.E. 210 Circle Terrace, North Miami Beach; Michelle Barnett, 355 Westwood Drive; Haydee Archibald, 881 Ocean Drive; Carol Ann Rudy, President, Key Biscayne and Drama Club addressed the Council. The amending motion was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek voting No. Councilmember Fried was absent during the vote. The resolution as amended was approved by a 4-2 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek and Vice Mayor Han voting No. Councilmember Fried was absent during the vote. 7 of 12 May 11, 1999 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH POLLUTION ELIMINATION CORPORATION (PELCO), MIAMI, FLORIDA FOR STORMWATER CATCH BASIN CLEANING; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution; The motion was seconded by Councilmember Oldakowski. Camille Guething, 260 Seaview Drive addressed the Council. The Manager addressed the Council iegarding this resolution. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek; Fein, Fried, Oidakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN PROPOSAL WITH THE MIAMI DADE COUNTY PUBLIC SCHOOL M.A.S.T. ACADEMY FOR FIELD USAGE FOR FOURTEEN GAMES ON THE VILLAGE GREEN ON WEDNESDAYS FROM 2 P.M. TO 4 P.M. FROM NOVEMBER 3,1999 TO FEBRUARY 24, 2000. IN RETURN M.A.S.T. ACADEMY WILL PROVIDE ONE HOUR OF, LIFEGUARD STAFFED, POOL USE MONDAY THROUGH FRIDAY FROM JUNE 21,1999 TO AUGUST 13,1999; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Oidakowski. Todd Hofferberth, Director of Recreation addressed the Council regarding this resolution. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oidakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: 8 of I2 May 11, 1999 Mayor and Councilmembers. Mayor Rasco made a motion to instruct the Village Clerk to set a date for the election for the swale referendum and to instruct the Village Attorney to draft referendum language that would put the issue on the ballot to be presented at the June 8, 1999 Council Meeting. The motion was seconded by Councilmember Broucek. The Village Attorney addressed the Council recommending that the Village Council, elect on its own behalf, to present the Proposed Amendment to a vote of the electors using time frames contained in the County Charter by enacting an ordinance containing the substance of the Proposed Amendment. The Ordinance would not be predicated directly upon the Petition nor would it be enacted pursuant to Section 5.03 of the County Charter. Instead, the Ordinance would be founded upon the specific authority of Village Charter Section 602(a)(I). Village Charter Section 6.02(a)(I) authorizes the Council to itself initiate Charter amendments and submit such amendments to the electors. This approach would serve to: follow the Village Charter; but avoid a legal dispute over the competing priority or interplay of the Village or County Charter provisions. The motion was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek addressed the Council regarding the problem with unleashed dogs in the Village. Chief of Police Michael J. Flaherty addressed the Council regarding this issue. Councilmember Broucek recommended to make the public aware that there is a law regarding this issue. Councilmember Broucek requested consensus from Council to bethe liaison fortinterrelations monad -1111g youth activities between the Community School, Mrs. Darlene Mooney and the Village of Key Biscayne, Village Manager/Chief of Police. There was no objection to the request. Mayor Rasco also addressed the Council regarding the community youth. Chief Flaherty addressed the Council regarding this issue. Councilmember Bass addressed the Council regarding the use of the name "Jesus during the invocation at council meetings. Councilmember Fein made a motion to have non-sectarian invocations at Council meetings. The motion was seconded by Councilmember Oldakowski and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Mayor Rasco voting No. 9of12 May 11, 1999 Councilmember Bass addressed the Council regarding how the Department of Community Affairs recent decision effects the Scharenberg project.' The Village Attorney addressed the Council regarding the Scharenberg project stating that at the time the original approval of this project carne before the Council, Attorney Steve Helfman was very specific with the Council. Attorney Helfman stated, at that time, that as a preliminary matter to approving the Scharenberg appticnrion„the Council needed to make a determination as to whether the development was consistent with the then existing comprehensive master plan. At that time, the Council determined that the Project; was -consistent with the comprehensive master plan. Village: Manager. The Manager addressed the OEuncil regarding the civic OEnter Financing Plans. ft was',the consensus of Council to hold a Workshop regarding this issue on Tuesday, May 18, 1999 at 7:00 p.m. Councilmember Fein made a motion to authorize the Village Manager to retain 3. Mark Quinlivan, MAI, to prepare an appraisal for the properties locatedat'760 South Mashta Drive, 755 Mashta Drive and 530Crandon,Boulevard (CITQO) and report backtoo the Council on his appraisals. The motion was seconded by Councilmember Bass and approved by 44-3 voice vote. The vote was as follows: Couneilmembers Bass, Fein, Oldakowski and Vice Mayor Han voting Yes.. Corincilmembers Broucek, Fried and Mayor Rasco voting No. The Manager addressedtho Council regarding the proposed sanitary sewer construction schedule. Mayorand Councilmembers. Councilmember Fein addressed the Council regarding the formation of the Key Biscayne Cultural Affairs Council and the recommendations of the ad hoc committee discussing the Council. The ad hoc committee agreed that the establishment of a Cultural Affairs Council could benefit the Village in a number of ways. It was recommended that Susan Fox- Roseliini and Pat Weinman be contacted to participate in this Council. It was'the consensus of Council that the Committee conduct a public dialogue in which we would hear from the Dade County CAC, as well as representatives from Miami Beach, Coral Gables and others, in order to learn, and to suggest a concrete proposal for Council action: Councilmember Oldakowski made a motion to instruct the Village Manager to conduct a Traffic Study, in compliance with Miami -Dade County Department of Transportation criteria, to determine the feasibility of lowering the speedlimit on Village Streets other than Crandon Boulevard to 20 MPH. The motion was seconded by Councilmember Fein. Chief of Police Flaherty addressed the Council regarding this issue. 10of12 May 11, 1999 The motion was approved by 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Village Attorney. The Attorney addressed the Council reporting on the Key Biscayne Working Group recommending that Council take no action at this time. The Attorney addressed the Council regarding the Trademark registration of Key Biscayne reporting that an Argentine corporation has filed an application to register the name "Key Biscayne" on the Principle Register of Trademarks in International Class 25. The company is seeking to register the name "Key Biscayne" for use on clothing, including but not limited to, Bermuda shorts, T-shirts, sweaters, and sport coats. The Attorney requested approval from Council to protest and oppose such registration. Councilmember Broucek made a motion authorizing the Village Attorney to file the above mentioned protest and to urge the Patent and Trademark Office to refuse it. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Attorney addressed the Council regarding Adelphia Cable Television License. Councilmember Broucek made a motion instructing the Village Manager and the Village Attorney to meet with the County regarding the license agreement with Adelphia and report back to Council on their findings. The motion was seconded by Councilmember Fein and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Village Clerk. The Clerk submitted a copy of the following proclamation issued by the Mayor during the month of April: recognizing Mrs. Nora Puyana de Pastrana, First Lady of Colombia. 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 and the public. 13. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. 11 of 12 May 11, 1999 Restfully submitted: ddaeW onh:ita IL Alvarez, CMC Village Clerk Approved this 25th day of May , 1999: Joe I. Rased Mayor IF PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING 01? 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. 12 of 12 0 MINUTES CIVIC CENTER FINANCING OPTIONS WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 18 1999 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha F. Broucek, Alan H. Fein (arrived at 8:00 p.m.), Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han (arrived at 7:10 p.m.) 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 Wolpin. The Mayor welcomed the public to the workshop to discuss the Village's Financing Options for the Civic Center. Councilmember Oldakowski addressed the Council and the public regarding the financing plan for the Civic Center. The following participated in the discussions with the Council and public: Percy Aguila, Jr., Financial Advisor for the Village and Jeff DeCarlo, Village's Bond Counsel. The following members of the Village staff were also present: Jud Kurlancheek, Building Zoning and Planning Director; John C. Gilbert, Chief of Fire Rescue and Tom Zannis, Finance Director. The following residents participated in the discussions with the Council: Gerald Broucek, 170 Ocean Lane Drive; Michael Kahn, 881 Ocean Drive. I of 2 May 18, 1999 It was the consensus of Council to direct staff to prepare a resolution and an ordinance to borrow 10 million dollars for the proposed Village projects, for the next Council meeting. There being no further business, the meeting was adjourned at 9:07 p.m. fully submitted: %dad/ onchita H. Alvarez, CMC, Village Clerk Joe I. Rasco !Mayor Approved this 25th day of May 1999: 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 VILLAGE ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 25, 1999 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 Martha F. Broucek, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han (arrived at 7:05 p.m.) and Mayor Joe I. 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 Attorneys Richard Weiss, and Jeff Sheffel. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance., 3. CONSENT AGENDA: The following consent agenda was approved by a 4-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Oldakowski and Mayor Rasco voting Yes. The minutes of the Civic Center Financing Options Workshop of' May 18, 1999 and the minutes of the Regular Council Meeting of May 11, 1999. 4. BUILDING, ZONING AND PLANNING: Hearing Number 99 -03 -30 -SP -01. Fininvest Investments, Lint., 200 Crandon Boulevard, the applicant is requesting approval of a site plan for a residential development that faces Fernwood Road. The residential development is part of a mixed use project that was approved by council on February 24, 1998. 1 of 5 May 25, 1999 Councilmember Broucek made a motion to defer this hearing to July 6, 1999. The motion was seconded by Vice Mayor Han and approved by a 4-1 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Oldakowski and Mayor Rasco voting Yes. Vice Mayor Han voting No. The Attorney for the applicant addressed the Council stating his objection to the deferral of this hearing. 5. ORDINANCES: The Deputy Clerk read the following ordinance, by title, on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR PROPOSED AMENDMENT OF' THE VILLAGE CHARTER, BY AMENDING ARTICLE VII "GENERAL PROVISIONS" BY CREATING SECTION 7.08, "CHARACTER OF RESIDENTIAL. STREETS," PROVIDING FOR RESTRICTION UPON ACTION BY THE VILLAGE TO ALTER LANDSCAPING AND IMPROVEMENTS UPON SWALE AREAS OF STREETS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; CALLING A SPECIAL FT ECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, OCTOBER 5, 1999; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR EFFECTIVE DATE. Mayor Rasco made a motion to adopt the ordinance on first reading,. The motion was seconded by Councilmember Broucek The Mayor opened the public hearing. There were no speakers. The Mayor closed the public hearing. The Attorney addressed the Council regarding this ordinance. The ordinance was adopted by a 5-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Deputy Clerk announced that the second reading of this ordinance will be on June 8, 1999. Mayor Rasco introduced "Chip" Iglesias from Commissioner Jimmy Morales' office who addressed the Council. Mr. Iglesias announced that he will no longer be attached to the Commissioner's office. He was grateful for the opportunity to serve the people of Key Biscayne. Ms. Bonnie Sockel-Stone will be replacing him. At this time Councilmember Fried requested that a letter from Commissioner Jimmy Morales regarding the one cent tax be placed on the agenda for the June 8, 1999. meeting. 2 of 5 May 25, 1999 The Deputy Clerk read the following ordinance, by title, on second reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CREATING CHAPTER 21, STREETS AND SIDEWALKS, TO PROVIDE REGULATIONS FOR THE PLACEMENT OF LANDSCAPING MATERIALS IN THE UNPAVED PORTION OF THE CITY'S RIGHTS -OF -WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR Elk ECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Oldakowski. Vice Mayor Han made an amending motion to amend Section 21-11(a) to add "and not less than three feet from the edge of pavement", to the sentence ending from the base ofany street tree. The motion was seconded by Councilmember Broucek and approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council recommending the adoption of this amendment. The vote regarding this amendment was deferred until the end of discussion of the ordinance. Village Attorney, Jeff Sheffel addressed the Council regarding this ordinance. The Mayor opened the public hearing. Bill Ofgant, 510 Femwood Road; Michelle Barnett, 355 Westwood; Jim Peters, 561 Allendale Road; Jim Taintor, 355 Harbor Drive; Haydee Archibald, 881 Ocean Drive; Craig Henry, 40 Island Drive; Pat Weinman, 940 Mariner Drive; Larry RadiviIle, 77 Crandon Boulevard addressed the Council. The Mayor closed the public hearing. At this time the Attorney requested a short recess to discuss the changes with Director Kurlancheek in order to facilitate amending the ordinance. When the meeting resumed, Mayor Rasco suggested that the changes be taken in order. It was the consensus of Council to correct a scribner's error in the title of the ordinance from "City" to "Village". Councilmember Fried made a motion to insert the word "public" before the words "right of way" throughout the ordinance. The motion was seconded by Councilmember Broucek and approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 3 of 5 May 25, 1999 twas the consensus of Council tozamend Section 21-11(5e) to add the words "or is installed" after "When a sidewalk exists". The Attorney addressed the Council regarding Section 21-11(0 recommending that the following points be approved: 1.) 60 days notice by registered mail and in the paper of a meeting at which a project requiring removal is considered; 2.) a public hearing on the project; 3.) after the public hearing, owners must remove the landscaping within 90 days of a registered mail notice; 4.) you can waive the 90days in the case of an emergency; 5.) if the owner fails to remove the landscaping, the Village wall'remove. t al the Village's expense; 6.) the Village may, after the project is completed, re -landscape or not; 7.1 if the Village determines to re -landscape; the maintenance and the risk of survival are at the property owner's expense. Connril nember BYroucel( made a motion to amend Section 21-11(0 with the above changes_ The motion was seconded by Vice Mayor Han,and approved by a 5-0 roll' call vote. The vote was as follows: Couneilmerbers Broucek. Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The ordinance as amended was adopted on second reading by a 5-0 roll call vote. The vote was as ollows: Councilmembers Broucek, Fried, Oldalcowski, Vice Mayor Han and Mayor Rasco voting Yes. 6. OTHER BUSINESS/GENERAL DISCUSSION: Mayor Rasco announced that a meeting of the Florida Commission appointed by the Governor to review the Florida Building Code will take place on June 9, 1999. The Mayor requested consensus from Council to support Miami -Dade County's resolution. to insure that the existing Building Code is not weakened to negate the gains made over the last seven years. Vice Mayor Han made a motion to adopt, on an emergency basis, a resolution that has been adopted by the County regarding this issue. The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rase° voting Yes. Councilmember Broucek addressed the Council regarding quasi-judicial hearings. It was the consensus of Council to direct the Attorney to draft a resolution or an amendment to the procedural rules of the Council for the June 8, 1999 meeting. 7, SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. 4 of 5 May 25, 1999 Res' a lly submitted: A,/ arnela J. Rome Deputy Village Clerk Joe I. Rasco Mayor Approved day of June , 1999: 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. 5 of 5 MINUTES VIT J AGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 8, 1999 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 Martha F. Broucek, Alan H. Fein (arrived at 7:10 p.m.), Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han 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 Richard Weiss. 2. INVOCATION: Reverend Jose Luis Hernando, Saint Agnes Catholic Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Broucek led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: The special presentation by Mr. Sonny Holzman, Chairman Miami -Dade Expressway Authority, on the topic "Just Say No To Gridlock" was deferred. At thistime the Mayor introduced Alexandra Figueredo, Kelly Sarasua and Franke Greco, who addressed the Council regarding the play"You're a Good Man Charlie Brown" inviting the Council and all residents to attend the show. Joshua Alweiss, Boy Scouts of America, Eagle Scout Candidate presented to the Council a Proposed Project regarding Planting for the Lake Park. PUBLIC COMMENTS: There were no speakers present. 1 of 7 June 8, 1999 At this time the Mayor addressed the Council regarding Councilmember Bass' health, wishing him a prompt recovery. The Mayor also reported that Jacqueline de Leon, one of our residents, is very ill and also wished her, on behalf of the Council, a prompt recovery. 6. AGENDA: Councilmember Fein requested the removal of Item 7B from the consent agenda. There was no objection to the agenda change. 7. CONSENT AGENDA: Councilmember Fried made a motion to approve the following consent agenda. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rase() voting Yes. The minutes of the Zoning Meeting of May 25, 1999. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THE FLORIDA BUILDING COMMISSION TO ADOPT A FLORIDA BUILDING CODE THAT WILL MAINTAIN THE CURRENT LEVEL OF LIFE SAFETY PROVIDED TO THE RESIDENTS OF MIAMI-DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO WAIVE THE COMPETITIVE BIDDING PROCEDURES IN ACCORDANCE WITH KEY BISCAYNE PURCHASE CODE SEC. 2-85 ALLOWING THE VILLAGE MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH CHRISTMAS DESIGNERS, INC.; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: The Clerk read the following ordinance, by title, on first reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 OF LAND ACQUISITION AND 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: Vice Mayor Han made a motion to adopt the ordinance onfirst reading. The motion was seconded by Councilmember Broucek. Councilmember Oldakowski made an amending motion to include in the first whereas clause the following language: refunding the Village's 9.2 million dollar land acquisition revenue bonds series 1993. The motion was seconded by Councilmember Fein and failed by a 2-4 roll call vote. The vote was as follows: Councilmembers Fein and Oldakowski voting Yes. Councilmembers Broucek, Fried, Vice Mayor Han and Mayor Rasco voting No. 0 0 2of7 June 8, 1999 The ordinance was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk announced the second reading of this ordinance for June 22, 1999. The Clerk read the following ordinance, by title, on second reading: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR PROPOSED AMENDMENT OF THE VILLAGE CHARTER, BY AMENDING ARTICLE VII "GENERAL PROVISIONS" BY CREATING SECTION 7.08, "CHARACTER OF RESIDENTIAL STREETS," PROVIDING FOR RESTRICTION UPON ACTION BY THE VILLAGE TO ALTER LANDSCAPING AND IMPROVEMENTS UPON SWALE AREAS OF STREETS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, OCTOBER 5, 1999; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on second reading.' The motion was seconded by Councilmember Fried. Councilmember Fein made an amending motion to add the following last whereas clause: Whereas, this Council has serious reservations regarding both the wisdom and legality of the proposed amendment, but wishes to submit it to the electors of Key Biscayne in accordance with the spirit of the present Village Charter. The motion was seconded by Vice Mayor Han. The Attorney addressed the Council regarding the amendment. The Mayor opened the public hearing. Jim Taintor, 355 Harbor Drive. The Mayor closed the public hearing. The amending motion was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Mayor Rasco voting No. The Attorney addressed the Council regarding this ordinance. The Ordinance as amended was approved on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 3 of 7 June 8, 1999 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 PINSKY MITCHELL PARTNERS, WEST PALM BEACH, FLORIDA, FOR PROFESSIONAL INTERGOVERNMENTAL REPRESENTATION; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded' by Councilmember Fried. Councilmember Oldakowski made an amending motion to the agreement under Section 2 to delete the secondand third sentences and add to the flrst sentence the following: "2500 per month as an annual retainer, paid over a 12 month period". The motion was seconded by Councilmember Broucek, and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek,. Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING SITE PLAN "B" FROM THE CIVIC CENTER WORKSHOP AS "THE VILLAGE CIVIC CENTER SITE PLAN"; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Vice Mayor Han. Raul Lastra, OBM Miami addressed the Council regarding the different site plans for the Village's Civic Center. Julie Alvarez, 150 Sunrise Drive addressed the Council. Councilmember Fried made an amending motion to create a new Section 2 as follows: That. the Village Council establishes the following dates to start construction of the Fire Station on October 1999; the Police Station on January 2000 and the Community Center on March 2000 and to hold a consultants meeting by November 1999. The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The resolution as amended was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 4 of 7 June 8, 1999 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING PROCEDURES AND RULES FOR THE HEARING OF QUASI- JUDICIAL MATTERS; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. At this time the Councjl took a 5 minute recess. The Attorney addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Broucek addressed the Council regarding the feasibility of providing transportation within the Village for our residents. Councilmember Broucek made a motion to instruct the Village Manager to study the feasibility of providing transportation within the Village foi our residents. The motion was seconded by Councilmember Oldakowski. Pamela Kirkpatrick, Executive Director, Key Biscayne Chamber of Commerce; Michael Kahn, 881 Ocean Drive; Conchita Suarez, 201 Crandon Boulevard; Albert Vivas, 819 Harbor Driver; Alan Sonnabend, President, Key Biscayne Chamber of Commerce addressed the Council. The Broucek motion was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Fried addressed the Council regarding the Rickenbacker Causeway Toll. Mayor Rasco addressed the Council requesting an update from the Manager regarding the Beach Park. Raul Lastra, OBM Miami, Inc. addressed the Council regarding the Beach Park. 5of7 June 8, 1999 Itwas the consensus of Council to direct staff toproceed with the construction of the Palm Court and those related items which do not require State permitting. Vice Mayor Han made a motion to appoint Mayor Rasco as the voting delegate and Councilmember Fried as the alternate voting delegate to the 73rd Annual Conference, Florida League of Cities, Inc., Lake Buena Vista, Florida. The motion was seconded by Councilmember Broucek and approved by a 5-0 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Vice Mayor Han and. Mayor Rasco voting, Yes. Councilmember Fried was absent during the vote: Mayor Rasco made a motion to schedule a Sanitary Sewer Workshop some time between July and September, .I999. It was the consensus of Council to tentatively schedule the workshop for October 19, 1999. Village Attorney. The Attorney did not submit a report. Village Clerk. The Clerk submitted a copy of the following proclamations issued by the Mayor during the months of May and June: recognizing Poppy Week in Key Biscayne; recognizing Key Biscayne Fire Appreciation Week and recognizing Mrs. Willie Mae Robinson for her retirement as teacher from the Key Biscayne Community School. Village Manager. The Manager reported on the status of the following contracts: Division of Management Services and Robert Ci. Currie Partnership stating that they will be completed by June 22, 1999 Council Meeting, The Manager addressed the Council regarding Adelphia Cable reporting that this hearing coming up on June 15, 1999 is extremely important, urging all residents to attend the meeting. The Attorney addressed the Council regarding the cable service on Key Biscayne, 11. OTHER BUSINESS/GENERAL DISCUSSION: At this time Councilmember Fein addressed the Council requesting an update report on the landscaping for the traffic calming circles and the deplorable condition of the school yard at the Key Biscayne Community School The Village Manager addressed the Council stating that the landscaping for the traffic calming circles is under way and also stated that staff will look into the school yard problem. 12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A scheduleof future meetings and events was presented to the Council and the public. 13. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. 6 of 7 June 8, 1999 Respetfpally submitted: Conchita 11. Alvarez, CMC Village Clerk Joe I. Rasco Mayor Approved this 22nd day of June , 1999: 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 VILLAGE ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 22,1999 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 9:11 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski and Mayor Joe I. Rasco. Vice Mayor Gregory C. Han was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Steve Helfman and Jeff Sheffel. 2. AGENDA: Mayor Rasco requested the removal of Items 3C and 3D from the consent agenda and to hear them after the zoning hearing. 3. CONSENT AGENDA: Councilmember Fried made a motion to approve the following consent agenda. The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rased voting Yes. The minutes of the regular Council Meeting of June 8, 1999. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING SECOND AMENDMENT TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR FIRE STATION PROJECT; PROVIDING FOR AN EFFECTIVE DATE. 4. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearing were sworn in by the Clerk. 1 of 7 June 22, 1999 Hearing Number 99 -06 -22 -RV -02. Benjamine Zambrano, JR., 452 Fernwood Road, the applicant is requesting two regulatory variances: To waive 2 ft. of the 75 ft required lot width in order to retain a lot that is 73 ft. Wide and to waive 200 ft. Of the required 7500 sq. Ft of lot area in order to retain a lot with 7300 sq. Ft. hid Kurlancheek, Director of Building, Zoning and. Planning addressed the Council stating his recommendation of the variances subject to the following stipulations: 1- All future development of the site shall' occur in a manner that is consistent with the Zoning and Land Development regulati$ns that are in effect at the time the construction is contemplated. As such, applications for future variances are prohibited. 2, The p applicant shall record in the public records of Miami -Dade County a covenant running with land that includes the above stipulation. The covenant must be approved by the Village Attorney prior to recordation, The Mayor openedthe public hearing. Michael Kahn, 881 Ocean Drive addressed the Council. The Mayor closed the public hearing. Councilmember Bass made a motion to approve the request with staff's recommendations. The motion was seconded by Councilmember Fried and approved by a 6-0 roll call vote. The vote was as follows; CounciImembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rascu voting Yes. 5 RESOLUTIONS 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; APPROVING AGREEMENT FOR SERVICES BETWEEN THE BUILDING CONSTRUCTION SECTION OF THE DEPARTMENT OF MANAGEMENT SERVICES OF HTh STATE OF FLORIDA AND THE VILLAGE OF KEY BISCAYNE, FOR PROJECT MANA`bEMENT SERVICES IN CONNECTION WITH THE PROPOSED VILLAGE COMMUNITY CENTER, FIRE STATION, POLICE STATION AND VILLAGE ADMINISTRATIVE OFFICES (THE "PROJECT"); PROVIDING FOR AN EFFECTIVE DATE. Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Fein. Mayor Rasco made an amending motion to delete Exhibits lI and III from the agreement. The motion was seconded byCouncilmember Broucek. The Attorney addressed the Council regarding this resolution. 2of7 0 June 22, 1999 There was extensive discussion from Council regarding this resolution. Mayor Rasco made a motion to defer this resolution to the meeting of July 6, 1999. The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski 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; APPROVING VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Fein. Councihnember Fein made a motion to defer this resolution. The motion was seconded by Mayor Rasco and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. Councilmember Bass voting No.. 5. 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 LAND ACQUISITION AND 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 Broucek made a motion to adopt the ordinance on. second 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. Percy R. Aguila, Jr., Financial Advisor for the Village and Jeffrey D. De(arlo, Bond Counsel for the Village addressed the Council. The ordinance was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. 3 of 7 June 22, 1999 At this time a Special Council Meeting was set for July 30, 1999 at 8.00 am to approve a supplemental resolution as required by this ordinance: The Clerk read the following ordinance, on first,reading, by tide: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER30, "ZONING," ARTICLE 1 "IN GENERAL," BY CHANGING THE NAME OF THE ;ARTICLE TO "TITLE, INTENT, PURPOSE, AND METHOD;" AND ADDING :PROVISJONS THAT PROVIDE & GENERAL OUTLINE OF` i'HE;LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILTTY, INCLUSION 1N THE CODE, AND AN EFFECTIVE DATE. Councihneniber Oldakowski made a motion to adopt the ordinance on first reading, as recommended by the LPA. The motion was seconded by Councilmember Fried. The Mayor opened the public hearing on all ordinances. There were no speakers present. The Mayor closed the public hearing_ The ordinance was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek voting No. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF 1'i1E VILLAGE OF KEY BISCAYNE, FLORIDA, RENUMBERING ARTICLE II, "ADMINIS i'RATION OF THE ZONING ORDINANCE," OF CHAPTER 30, "ZONING," TO ARTICLE IV; CREATING A NEW ARTICLE II TO BE TITLED, "DEFINITIONS;" RENUMBERING SECTION 30-51 "DEFINITIONS" TO SECTION 30- 12; PROOVIDING ADDITIONAL DEFINED TERMS AND RULES OF CONSTRUCTION; PROVIDING FOR SEVERABII TY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Rasco made a motion to adopt the ordinance on first reading, as recommended by the LPA. The motion was seconded by Councilmember Fried and approved by a 5-1 roll call vote. The vote was as follows Counciimembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. Councihnember Broucek voting No. The Clerk read the following ordinance, on first reading, by title: 4of7 0 June 22, 1999 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING," BY TRANSFERRING THE SECTIONS IN ARTICLE IH, "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT," AND FORMER ARTICLE IV, "SPECIFIC ZONING REGULATIONS," INTO ARTICLE V, "BUSINESS USE REGULATIONS;" BY RENAMING ARTICLE HI FROM "SUPPLEMENTAL DISTRICT REGULATIONS, FOR SINGLE FAMILY DEVELOPMENT" TO "GENERAL PROVISIONS," AND ARTICLE V FROM "BUSINESS USE REGULATIONS" TO "SCHEDULE OF DISTRICT, USE, AND SETBACK REGULATIONS;" BY CREATING NEW GENERAL PROVISIONS IN ARTICLE III; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. Councilmember Fried made a motion to adopt the ordinance on first reading, as recommended by the LPA. The motion was seconded by Councilmember Bass and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek voting No. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE IV, "ADMINISTRATION OF I'HE ZONING ORDINANCE, OF CHAPTER 30, "ZONING," TO ADD PROVISIONS RELATING TO APPEALS, PROCEDURES FOR ZONING CHANGES, CONDITIONAL USE APPROVALS AND BUILDING MORATORIA AND ZONING IN PROGRESS; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Rasco made a motion to adopt the ordinance on first reading, as recommended by the LPA. The motion was seconded by Councilmember Oldakowski and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. Councilmember Broucek voting No. The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING ARTICLE 6 "CONCURRENCY MANAGEMENT REGULATIONS," OF CHAPTER 30, "ZONING"; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on first reading, as recommended by the LPA. The motion was seconded by Mayor Rasco and approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. 5of7 June 22, 1999 RESOLUTIONS: The Clerk read the follow VILLAGE OF KEY A RESOLUTION ©VTHE VILLAGE ING THE PRELIMINARY GREF ET CAE �P OVEMENiT PLANS ;FL ORIBAS APPROVING ypII THE AREA. ALONG 'CRANDON BOULEVARD FROM THE NORTHERLY LLAGE,LIMITS. TO JUST SOUTH OF HARBOR DRIVE ANA ALONG HARBOR jai*, FROM FERNWOOD DRIVE TO OCEAN LANE AND PROVIDING FOR�AN EFFECTIVE DATE. \,Councrlmember Fried made a Councilmember Fein, Director Kurlancheek addressed the Council regarding this, project. Ramon Castello, with the firm Corzo, Carballo, Thompson and Salman P.A. addressed the Council showing the improvements. Ed Meyer, 100 Sunrise Drive; Chris Sager; 335 Harbor Drive addressed the Council_ `Mayor Rasco made a motion to defer this resolution to the, meeting of August 31, 1999. The motion was seconded by Councilmember Oldakowski and approved by a 5-1 voice vote. The vote was as follows: Councilmcmbers Bass, Broucek, Fein, Oldakowski and Mayor Ras0o voting Yes. Councilmember Fried voting No. 7. REPORTS AND RECOMMENDATIONS: There ere no reports or recommendations submitted to the Council. ;OTHER BUSINESS/GENERAL DISCUSSION: Therewas no further business discussed. 9. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of' future meetings and events was presented to the Council. 10. ADJOURNMENT: The meeting was adjourned at 11:05 p.m. otion to approve the resolution. The motion was seconded by 6 of 7 June 22, 1999 Re. ec ally submitted: albir Conchita H. Alvarez, CMC Village Clerk Approved this 20th day of July ,1999: Joe L Rasco Mayor IFA PERSONDECIDES TO APPEAL ANY DECISIONMADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT 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 VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 6, 1999 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 7:10 p.m.), Martha F. Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco: Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Steve Helfman and Jeff Sheffel. 2. INVOCATION: Dr. Carroll Shuster, Key Biscayne Community Church gave an 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: Vera Skuhersky, 205 West Enid Drive; Manuel Arias, 217 East Enid Drive; Linda Marks, 129 East Enid Drive; Marcelo Radice, 255 East Enid Drive. 6. AGENDA:Councilrnember Broucek requested to hear Item 10A together with Item 11A7; Councilmember Rasco requested the removal of Item 7G from the consent agenda. There were no objections to the agenda changes. Mayor Rasco made a motion to hear the consent agenda after the zoning hearing. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco. 1 of July 6, 1999 7. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearing were sworn in by the Clerk. Hearing Number 99 -03 -30 -SP -04. Fininvest Investments, Lmt., 200 Crandon Boulevard (which faces Fanwood Road), the applicant, is requesting approval of a site plan for a residential development that faces Fernwood Road. The residential development is part of a mixed use project that was approved by Council on February 24, 1998. The Attorney addressed the Council regarding this hearing. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation for approval subject to the following conditions: 1) The setback from the building to the dividing wall shall be increased from 5 ft. To 7.5 with no two adjacent walls of buildings being separated by less than 15 ft. 2:) The fence on top of the CBS wall between each of the buildings shall be removed. The CBS wall shall be limited in height to six ft. Above the ground. 3) Staff shall approve all outdoor lighting fixtures prior to the issuance of a building permit. 4) No equipment shall be mounted on any roof that can be seen from Fernwood Road. 5) All metal picket fencing and paint shall use anti -graffiti applications: 6.) Submission of landscape plan and approval by staff prior to issuance of a building permit. The landscape plan should address the issues raised in the staff analysis in criteria 3 above. 7) Compliance with the Tire Department's list of conditions as set forth in memorandum dated May 6, 1999 (attached for the record). 8) The pedestrian sidewalk, from Femwood Road to the rear of the Pankey Building, should be extended along the entrance drive to the front of the project at Crandoh Boulevard. 9) Each building contains one single family unit. No unit may be subdivided_ 10) The applicant shall record a covenant running with the land that includes the above conditions prior to the issuance of a building permit. The covenant shall be approved by the Village Attorney prior to recordation. The Mayor opened the public hearing. Joseph Goldstein, 1221 Brickell Avenue, Miami, representing the applicant; John Fullerton, Fullerton Diaz Architects, 366 Altara Avenue, Coral Gables; Cristina Arias, 100 Hampton Lane; Jacqueline de Leon, 650 Ocean Drive; Earl G. Gallop, Esq., 3225 Aviation Avenue, #306, Coconut Grove; J. Frederic Bhitstein, 1121 Crandon Boulevard; Steven Lefton, 920 Lincoln Road, Miami Beach; Mark E. Fried, 360 Glenridge Road; Fred Schwartz, 4431 Embarcadero Drive; Richard Hodges, 255 Glenridge Road; Luis Arias, MD, 100 Hampton Lane; Basha Kicks, 1121 Crandon Boulevard; Larry Radzville, 77 Crandon Boulevard; James Pilafian, 180 Crandon Boulevard; Michael Kahn, 881 Ocean Drive; Joanna Wragg, 365 Redwood Lane; Ana Soler, 120 Buttonwood; James Peters, 561 Allendale Road; Robert Feinschreiber, 1121 Crandon Boulevard; Michele Padovan, 425 Grapetree Drive; Nancy Doke Harrison, 200 West Mashta Drive; Ed Stone, 140 Hampton Lane; Conchita Suarez, 201 Crandon Boulevard; Jim Taintor; 355 Harbor Drive addressed the Council. Anne Rothe, introduced a petition against the project with 22 signatures. The Mayor closed the public hearing. 2of4 July 6, 1999 The Attorney addressed the Council stating that the former Village Council, on February 24, 1998, found that the project was consistent with the Master Plan. There was extensive discussion from Council regarding this request. Vice Mayor Han made a motion to approve the request with staff's recommendations 2 tbru 10 with the exception of recommendation 1. The motion was seconded by Councilmember Fried. Vice Mayor Han made an amending motion to approve the request as presented with staff's recommendations. The motion was seconded by Councilmember Fried and approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass and Broucek voting No. Vice Mayor Han made a motion to extend the meeting to 11:15 p.m. The motion was seconded by Councilmember Fried and failed by a 4-3 voice vote. The vote was as follows: Councilmembers Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Bass, Broucek and Oldakowski voting No. The main motion as amended failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Fein, Fried and Vice Mayor Han voting Yes. Councilmembers Bass, Broucek, Oldakowski and Mayor Rasco voting no. Councilmember Fein made a motion to defer this hearing to the meeting of August 31, 1999. The motion was seconded by Councilmember Bass and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski and Vice Mayor Han voting Yes. Councilmember Fried and Mayor Rasco voting No. 8. ORDINANCES: There were no ordinances considered by Council. 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 11:05 p.m. 3 of 4 July 6, 1999 Conehita H. Alvarez, CMC Village Clerk Approved this 20th day of July ,19 Joe L Raseo Mayor IFA PERSON DECIDES TO APPEAL ANY DECISIONMADEBYTHE 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 VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA (CONTINUATION OF JULY 6, 1999 COUNCIL MEETING) TUESDAY, JULY 20, 1999 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, Martha F. Broucek (arrived at 7:05 p.m.), Alan Fein (arrived at 7:05 p.m.), Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe L Rasco. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Pamela J. Rome and Village Attorney Richard J. Weiss. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: Mayor Rasco requested the removal of Item 4G from the Consent Agenda. 4. CONSENT AGENDA: Councilmember Fried made a motion to approve the following consent agenda. The motion was seconded by Vice Mayor Han and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. The minutes of the Local Planning Agency Meeting of June 22, 1999, the minutes of the Zoning Meeting of June 22, 1999 and the minutes of the Regular Council Meeting of July 6, 1999. 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 July 20, 1999 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H. WAKEFIELD; CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, AS MODIFIED AND AMENDED, AND 'THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR PURCHASE OF CEIRTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE, AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRA€ I; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE; SUPERCEDING RESOLUTION NO.99-48 ON THE SAMESUBJECT. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA., AUTHORIZING THE MILLAGE MANAGER TO EXECUTE THE, ATTACHED INTERLOCAL AGREEMENT BETWEEN THE V LL CGE,`©F BISCAYNE., AND. MIAMI-DADE COUNTY ESTABLISHING LOCAL>COST-SNARING COMMITMENTS`AND PROJECT IMPLEMENTATION RESPONSIBILIIIES,FOR THE VILLAGE OF, -KEY BISCAYNE BEACH RENOUR SBIVIENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED ADDENDUM TO THE AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC. CORAL GABLES, FLORIDA, FOR PROFESSIONAL ENGINEERING 'sEgyiets FOR THE PROPOSED 1999 VILLAGE `BEACH NOURISHMENT; PROVIDING FOR AN EFFECTIVE DATE. 5. ITEM REMOVED FROM THE CONSENT AGENDA: The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED PROJECT AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) BUREAU OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM ESTABLISHING STATE COST -SHARING COMMITMENTS AND PROJECT IMPLEMENTATION 2 of 7 July 20, 1999 RESPONSIBILITIES FOR THE VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Vice Mayor Han. Mayor Rasco addressed the Council and the public regarding this resolution stating that the Village will not be required to have an open public access to the new beach park at the end of' East Enid Drive. The Village Manager also addressed the Council. The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Staff was instructed to look into the issue of the beach public access and report back at the next Council meeting. At this time Councilmember Broucek thanked the Council and the public for their expressions of condolence received on the death of her mother. ORDINANCES: There were no ordinances considered by Council. 7. RESOLUTIONS: The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING SECOND AMENDMENT TO VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, C. SAMUEL KISSINGER; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Maria Zayas-Bazan, 662 Glenridge Road; Haydee Archibald, 881 Ocean Drive; Ed Meyer, 100 Sunrise Drive; James L. Peters, 561 Allendale Road addressed the Council. Vice Mayor Han made an amending motion to amend Section 3 of the Employment Agreement as follows: in the event that the employee is terminated the Village will provide a six (6) month severance pay. The motion was seconded by Councilmember Fried and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek voting No. Councilmember Bass was absent during the vote. 3 of 7 July 20, 1999 It was the consensus of Council to evaluate the Manager, at a future date, as specified in Section 6 of the Employment Agreement. The resolution as amended was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting. No. The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING AGREEMENT FOR SERVICES BETWEEN THE BUILDING CONSTRUCTION: SECTION OF THE DEPARTMENT OF MANAGEMENT SERVICES OF THE STATE OF FLORIDA AND THE VILLAGE OF KEY BISCAYNE, FOR PROJECT MANAGEMENT SERVICES IN CONNECTION WITH THE PROPOSED VILLAGE COMMUNITY CENTER, FIRF STATION, POLICE STATION AND VILLAGE ADMINISTRATIVE OFFICES (THE "PROJECT"); PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution. The motion was seconded by Mayor Rasco and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and MayorRasco voting Yes. Councilmember Bass voting No. The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MILLAGE 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 AND REGULATIONS OF THE DEPARTMENT OF. REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution amending Section 1 by deleting $3.61 and inserting $3.606. The motion was seconded by Councilmember Oldakowski. Councilmember Broucek made an amending motion to change the date of the first budget hearing to September 9, 1999; The motion was seconded by Vice Mayor Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Roberto Fabricio, 200 Ocean Lane Drive addressed the Council. 4'•of 7 July 20, 1999 The resolution as amended was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. 8 REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco made a motion to reappoint Rosemary Sala and Dennis O'Hara as Special Masters. Councilmember Broucek seconded the motion and it was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass addressed the Council regarding the possible of annexation of Stiltsville. Councilmember Bass made a motion to authorize the Attorney to study, for a maximum of seven (7) hours, the possibility of annexing Stiltsville to the Village of Key Biscayne. The motion was seconded by Mayor Rasco. James DeCocq, Assistant to the Village Manager addressed the Council regarding this issue. The Bass motion was approved by a 4-3 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fried and Mayor Rasco voting Yes. Councilmembers Fein, Oldakowski and Vice Mayor Han voting No. Councilmember Bass addressed the Council regarding the Village undertaking mosquito spraying. Councilmember Broucek made a motion to make appointments for the Police Officers and Firefighters' Pension Plan Board of Trustees. The motion was seconded by Councilmember Fried. Councilmember Broucek made a motion to appoint Ms. Sandra Winters and Barclay Cale to this Board, subject to their approval. The motion was seconded by Mayor Rasco and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek addressed the Council giving an update regarding the task force to study the feasibility of providing transportation within the Village for our residents. Councilmember Bass addressed the Council regarding the 1998 Annual Report. Councilmember Oldakowski made a motion to instruct the Village Manager to submit monthly reports to the Village Council summarizing the timeline of all pending items. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting 5of7 July 20, 1999 Yes. Village Attorney. The Attorney addressed the Council regarding a proposed cable regulation ordinance. Village Clerk, The Clerk submitted a copy of a proclamation issued by the Mayor during the month of June recognizing Mrs_ Rosa Sugranes. At this time Councilmember Broucek made a motion instructing the Manager to purchase a photocopier for the Office of the Village Clerk. The motion was seconded by Councilmember Fried and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting Yes. Vice Mayor Ran voting No; Village Manager_ The Manager addressed the Council regarding the Special Council Meeting scheduled for July 30, 1999 to consider a resolution to award the bid concerning the $10 Million Bond issue to NationsBank. It was the consensus of Council to re -schedule this meeting, due to the fact that some Councilmembers will not be able to attend the July 30, 1999 Special Council Meeting. The Manager presented to the Council a revised sanitary sewer construction schedule. It was the consensus of Council to hold a Special Council Meeting on Thursday, October 7, 1999 to discuss the Sanitary Sewer. The Manager addressed the Council regarding the Key Biscayne Community School landscaping agreement. It was the consensus of Council that the manager contact School Representative Manty Sabates Morse and Mr. Roger Cuevas, Superintendent of Schools regarding this issue. The Manager addressed the Council regarding the summer camp swimming program. The Manager addressed the Council regarding the refuse collections recycling and disposal proposals. 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 9:40 p.m. 6of7 0 July 20, 1999 Respetjully submitted: onchita H. Alvarez, CMC Village Clerk Joe L Rasco Mayor Approved this 3lst day of August 19 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 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA FRIDAY, JULY 23, 1999 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 8:00 a.m. Present were Councilmembers Scott Bass, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco. Councilmember Martha F. Broucek was absent. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Pamela J. Rome and Village Attorney Steve Helfman. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. RESOLUTIONS: The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, INDICATING THE OFFICIAL INTENT OF l'HE VILLAGE COUNCIL TO ISSUE TAX-EXEMPT BONDS TO FINANCE THE COST OF LAND ACQUISITION AND CONSTRUCTION OF A FIRE STATION, POLICE STATION, COMMUNITY CENTER AND VILLAGE ADMINISTRATIVE OFFICES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE IF ISSUANCE THEREOF. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Jeffrey D. DeCarlo, Bond Counsel for the Village addressed the Council regarding this resolution. 1 of 3 July 23, 1999 The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AUTHORIZING THE ISSUANCE OF LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1999,, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $10;000,000 FOR THE PURPOSE OF PURCHASING LAND TO BE USED FOR VILLAGE PURPOSES, FINANCING COSTS INCIDENT TO THE PURCHASE, OF SUCH. LAND, SUCH AS SURVEY AND LEGAL FEES, FINANCING OR REIMBURSING A. PORTION OF TOT' COSTS OF CONSTRUCTION OF A FIRE STATION, POLICE STATION, COMMUNITY CENTER AND VILLAGE ADMIN.ISTRA`I«IVE OFFICES, FINANCING OR REIMBURSING ARCIITEETURAL, ENGGINEERING,ENVII{UNMENtAL AND OTHER PLANNING COSTS RELAIF:p THERETO, ANDPAYING COSTS OF ISSUANCE: OF THE BONDS; AWARDING THE SALE OF THE BONDS TO BANK OF AMERICA, N.A., D/B/A NAT/0i 3A* NA ; PROVIDINSG,F'OR SECURE Y FOR Tfig BONDS; PRO ViD/NG OTHER,PROVISIONS RELATING TO TJIF BONDS; MAKINGtCERTAIN COVENANTS AND AGREEMENTS IN, ,CONNEC tL "I'HERE4'ITII; AND PROVIDENG FOR AN EFFECTIVE DA It. Councilmember Fried made a motion to approve the resolution Mayor Han. tion., was seconded by Vice Jeffrey D. DeCarlo, Bond Counsel for the Village addressed the Council- regarding this resolution. The resolution was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayorllan and Mayor Rasco voting Yes. Councilmember Bass voting No. 4. OTHER BUSINESS/GENERAL DISCUSSION: At this time Vice Mayor Han briefly addressed the Council regarding a report concerning the rezoning of Virginia Key by the City of Miami. The Attorney addressed the Council regarding this issue recommending that no action be taken at this time. 5. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 2of3 0 Joe L Rasco Mayor July 23, 1999 6. ADJOURNMENT: The meeting was adjourned at 8:35 a.m. ully submitted: oy Conchita H. Alvarez, CMC Village Clerk Approved this 12th day of October , 1999: 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. 3 of 3 MINUTES SPECIAL COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 3, 1999 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR L CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Vice Mayor at 8:00 am. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan Fein, Mortimer Fried, Robert Oldakowski and Vice Mayor Gregory C. Han. Mayor Joe I. Rasco was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Steve Hellman. 2. PLEDGE OF ALLEGIANCE: Vice Mayor Han led the Pledge of Allegiance. 3. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Vice Mayor Han addressed the Council and the public indicating the reasons for calling this meeting. The Attorney and the Clerk addressed the Council and the public regarding the proper notification of this meeting to the Council and public. Councilmember Fein made a motion to discuss the Village Manager's Compensation Package in the amount of $153,000 ($141,000 base salary and $12,000 housing allowance). The motion was seconded by Councilmember Fried. There was extensive discussion from Council regarding this issue. The following residents addressed the Council: Conchita Suarez, 201 Crandon Boulevard; I of 2 Ed Meyer, 100 Sunrise Drive; Eduardo Benet, 77 Crandon Boulevard; Dorothea Bailey, 338 West Heather Drive; John Hinson, 755 Crandon Boulevard; C.. W. `Bi11"Bailey, 338 West Heather Drive; John Thomson, 881 Ocean Drive; Jim Peters, 561 Allendale Road; Betty Sirne, 240 Harbor Drive. At this time the Council took a five minute recess. The Vice Mayor reconvened the meeting at 9:32 a.m. Councilmember Bass made an amending motion to delete the $12,000 housing allowance. The motion"died for lack of a second., The Fein motion was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Councilmembers Broucek voting No. 4. SCHEDULE OF FUTURE MEETINGS/EVENTS: 5. ADJOURNMENT: The meeting was adjourned at 9:40 A.M. Fully submitted. Co,whita H. Alvarez, CMC Village Clerk Approved 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 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 31, 1999 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order in the new Council Chamber by the Mayor at 7:10 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco. Also present were Village manager C. Samuel Kissinger, Deputy Village Clerk Pamela J. Rome and Village Attorneys Richard Weiss and Steve Hoffman. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: Mayor Rasco requested that hearing number 99 -08 -31 -RV -03 be heard first on the zoning hearings; Councilmember Oldakowski requested the removal of item 4E from the consent agenda; Mayor Rasco requested the removal of items 4F and 4G from the consent agenda. 4. CONSENT AGENDA: The following consent agenda was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The minutes of the July 20, 1999 Council Meeting (continuation of July 6, 1999 Regular Council Meeting) and the minutes of the August 3, 1999 Special Council Meeting. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE MANAGER TO OPEN AN INVESTMENT ACCOUNT WITH FLORIDA MUNICIPAL INVESTMENT TRUST (EMIT); PROVIDING FOR AN EFFECTIVE DATE. 1 of 4 August 31, 1999 A RESOLUTION OF THE VILLAGE COUNCIL OF' THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE MANAGER TO OPEN AN INVESTMENT ACCOUNT WITH NORTHERN TRUST BANK; PROVIDING FOR AN Eli ECTIVE DATE. 5. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearing were sworn in by the Deputy Clerk. Nearing Number 99 -08 -31 -RV -03. Robert Wedding Architects, 520 Crandon Boulevard, the applicant is requesting four (4) regulatory variances associated with the construction of a bank building at the above address. 1.) Waive 10 ft. of the required 20 ft. front yard setback in order to place the building within 10 ft. Of the front property line facing Crandon Boulevard. 2.) Exceed the maximum 35 ft. Height limit by 10 ft. To permit a building with a height of 45 ft. 3.) Reduce- the required 120 ft. Long stacking driveway for the driveway for the drive through tellers by 30 ft. In order to have a 90 ft, Stacking driveway. 4.) Reduce'thcrequired 9300 sq. ft. of landscaped open space by 319 sq. ft. in order to have 8,981`sq. Ft. of the site in landscaped open space (17.5% of site required to be in landscaped open space and 16.9% provided). Director Kurlancheek addressed the. Council and the public regarding this request recommending approval of the variance subject to: ,) The dedication of a right of way from Crandon Boulevard to the proposed Village .Green Way. The &act location and amount of the dedication will be determined at a later date. 2.) Staff appival of the following items prior to the issuance of the building permit: A detailed landscape plan of J the final dasign and finish materials. 3.) The applicant shallicontinue to refine the site plan in a manner that is compatible with the Civic Center The Mayor opened the public hearing. Jose Cardillo; Robert Wedding Architects, representing the applicant and, David Wind,Executive Vice President, SunTrust addressed the Council. The following residents addressed the Council: Jim Taintor, 355 Harbor Drive, Conchita Suarez, 201 Crandon Boulevard. The klayor closed the public hearing. At this point the applicant withdrew variance request #2. Councilmember Fried made a motion to approve the requested variances numbers 1, 3 and 4. The motion was seconded by Councilmember Fein and approved by a 5-2 roll call vote. The vote was as. follows: Councilmembers Fein, Fried, Oldakowski,'Vice Mayor Han and Mayor Rasco voting Yes, Councilmembers Bass and Broucek voting No. Hearing Number 99 -03 -30 -SP -a Fininvest Investments, Lint. 200 Crandon Boulevard (which faces Fernwood Road) the applicant is requesting approval of a site plan for a residential development that faces Fernwood Road. The residential development is part of a mixed use project that was approved by Council on February 24, 1998. 2of4 0 0 August 31, 1999 The Attorney addressed the Council regarding this hearing. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation for approval subject to the following conditions: 1.) The setback from the building to the dividing wall shall be increased from 5 ft. To 7.5 with no two adjacent walls of buildings being separated by less than 15 ft. 2.) The fence on top of the CBS wall between each of the buildings shall be removed. The CBS wall shall be limited in height to six ft. above the ground. 3.) Staff shall approve all outdoor lighting fixtures prior to the issuance of a building permit. 4) No equipment shall be mounted on any roof that can be seen from Femwood Road. 5) All metal picket fencing and paint shall use anti -graffiti applications. 6.) Submission of landscape plan and approval by staff prior to issuance of a building permit The landscape plan should address the issues raised in the staff analysis in criteria 3 above. 7) Compliance with the Fire Department's list of conditions as set forth in memorandum dated May 6, 1999 (attached for the record). ' 8) The pedestrian sidewalk, from Femwood Road to the rear of the Pankey Building, should be extended along the entrance drive to the front of the project at Crandon Boulevard. ,9.) Each building contains one single family unit. No unit may be subdivided. 10.) The applicant shall record a covenant running with the land that includes the above conditions prior to the issuance of a` building permit. The covenant shall be approved by the Village Attorney prior to recordation. The Mayor opened the public hearing. Joseph Goldstein, Attorney representing the applicant addressed the Council; Laura Pruna, 201 Crandon Boulevard; James Pilafian, 798 Crandon Boulevard; Gary Gross, 211 Island Drive; Sandi Winters, 285 Harbor Drive; Jim Taintor, 355 Harbor Drive; Fred BIitstein, 1121 Crandon Boulevard; Camille Guething, 260 Seaview Drive, James L. Peters, 561 Allendale Road; Larry Radzville, 77 Crandon Boulevard; Michael Bracken, 224 West Mashta Drive; Michael Kahn, 881 Ocean Drive; Dr. Victoria Simons, 269 Cranwood Drive; Steven Lefton, 420 Lincoln Road, Miami Beach; Ellen Blasi, 101 Crandon Boulevard; Haydee Archibald, 881 Ocean Drive; Conchita Suarez, 201 Crandon Boulevard, John Dellagloria, 91 South Dadeland Boulevard; John Festa, 695 Harbor Lane; Nelson Zambrano, 260 Femwood Road; Nick Gara, 400 Hampton Lane: The Mayor closed the public hearing.' There was extensive discussion from Council regarding this issue. The Attorneys addressed the Council regarding this request. Vice Mayor Han made a motion to deny the site plan. The motion was seconded by Councilmember Fried and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 5. ORDINANCES: There were no ordinances considered by Council. 3 of 4 August 31, 1999 6. REPORTS AND RECOMMENDATIONS: There were no reports or recommendations. 7 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;' ADJOURNMENT: The meeting Conchita H Alvarez a Village Clerk Approved this a day of September ,19 Joe L Basco 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. 4of4 CJ MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA' THURSDAY, SEPTEMBER 9, 1999 FIRST 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 7:00 p.m. Present were Councilmembers Scott Bass, Martha F. Broucek, Alan R Fein (arrived at 7:10 p.m.), Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rase°. Also present were Village manager C. Samuel Kissinger, Village Clerk Conchita Alvarez, Deputy Village Clerk Pamela J. Rome and Village Attorney Steve Hellman. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: The Clerk mentioned a scribner's error in the day of the week and that Item 41 should be under reports and recommendations; Councilmember Oldakowski requested that Item 7B be heard at the beginning of the agenda. 5. BUDGET RESOLUTION: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE TENTATIVE MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000 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 4 September 9, 1999 Councilmember Oldakow by Councilmember Broucek. Director of Finance and Administrative Services, Tom Zannis, 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; Chief of Fire Rescue John C. ,Gilbert addressed the Council and the public regarding his department's budget; Jud Kurlancheek, Director of Building, Zoning and Planning Department addressed the Council and the public regarding his, department's budget; Todd I Iofferbeth, Recreation Department Director, addressed the Council and the public regarding his department's budget;The Manager addressed the Council and the public regarding the Public Works Department budget ade a motion to approve the resolution. " The motion was seconded The Clerk addressed the Counciland the public regarding the Office of the Village Clerk's budget, requesting and adjustment and salary increase for the Deputy Clerk. Councilmember Broucek requested to bring the Deputy Clerk',s salary to parity, with the Administrative Assistant to the Finance Assistant. Councilmember Oldakewsld also requested that the Deputy Clerk be compensated for services rendered during the Clerk's absence. The Manager addressed the Council and the public regarding the Non -Departmental budget and a request from Key Biscayne Chamber of Commerce. The Mayor opened the public hearing.; Alan Sonnabend, 300 Atlantic Road, President of the Chamber of Commerce addressed the Council requesting an increase in the amount allocated to the Chamber for budget year 1999-2000; Bob Brookes, Miami, Pamela Kirkpatrick, Executive Director of the Chamber of Commerce; Camille Guething, 260 Seaview Drive spoke regarding the Chamber of Commerce and the program with the Miami Rowing Club; Wayne,Powell„Branch Manager, Key Biscayne Library; Conchita Suarez, 201 Crandon 1 -Boulevard; Ed Meyer; 100=Sunrise Drive. The Mayor closed the public hearing. Mayor Raseo requested that the Key Biscayne Chamber of Commerce prepare additional information and present it to Council for their consideration at the next budget hearing. The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING TIE VILLAGE MANAGER TO NEGOTIATE A FIVE (5) YEAR CONTRACT WITH BFI WASTE SYSTEMS OF NORTH AMERICA, INC; PROVIDING FOR AN EFFECTIVE DATE. 2 of 4 September 9, 1999 The Manager addressed the Council regarding this issue. Councilmember Fein made a motion to approve the resolution. The resolution was seconded by Vice Mayor Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Oldakowski directed the Manager to prepare a new 5 -year plan prior to the second budget hearing. Councilmember Bass made an amending motion to change the roll back millage rate to 3.5394. The motion was seconded by Mayor Rasco and failed by a 2-5 roll call vote. The vote was as follows: Councilmember Bass and Mayor Rasco voting Yes. Councilmembers Broucek, Fein, Fried, Oldakowski and Vice Mayor Han voting No. The main resolution was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Councilmember Bass and Mayor Rasco voting No. 6. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the ordinance on first reading. The motion was seconded by Vice Mayor Han. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The ordinance was approved by a 5-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. Councilmember Oldakowski was out of the room at the time the vote was taken. 9. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 10. ADJOURNMENT: The meeting was adjourned at 10:35 p.m. 3of4 4 of 4 September 9, 1999 Conchita IL Alvarez, CMC Village Clerk Approved this 21st day of September, Joe L Rasto 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. c VIII AGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, SEPTEMBER 16, 1999 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, Martha F. Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Pamela J. Rome and Village Attorney Richard 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: Manuel Arias, 217 Fast Enid Drive 6. AGENDA: The Deputy Clerk reported a scribner's error in Item 8A and requested the removal of Item 8B, since it had been approved at the September 9, 1999 Meeting; Councilmember Broucek requested the addition of a discussion regarding Hurricane Preparedness under Mayor and Councilmembers as Item 9A6; the Manager requested the removals of Items 8D and 9D4 and the addition of a report regarding the property at 580 Crandon Boulevard. There were no objections to the agenda changes: 7. ORDINANCES: There were no ordinances considered by Council. 1 of 6 September 16, 1999 . RESOLUTIONS: The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED MIAMI-DADE COUNTY SCHOOL BOARD AMENDMENT TO THE EXISTING LANDSCAPING SERVICES LEASE AGREEMENT FOR THE KEY BISCAYNE COMMUNITY SCHOOL PROPERTY APPROVED SUBSTANTIALLY AS TO FORM; PROVIDING FOR AN EFFECTIVE DAIE. Councilmember 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, Broucek, Fein, Fried, Oldakowski, ViterM4c4Han,anclMayor Rasco voting Yes. The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE 1 HE ATTACHED AGREEMENT WITH r1VIIAMI DADE COUNTY TO INCREASE THE; KEY BISCAYNE PUBLIC LIBRARY HOURS OF OPERATION; PROVIDlNGJ?ORX N:EFFECTIVEDATE. Councilmernbdr Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by. a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oltlakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING AN : AGREEMENT ` FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR A POLICE STATION AND ADMINISTRATION BUILDING; AND PROVIDING FOR AN E F ECTIVE DATE. Vice Mayor Han made a motion to approve the resolution. The motion was seconded by Councthnember Fried. The Manager brought to the attention of the Council that the title of this resolution should read "to negotiate an agreement", not approving an agreement. The resolution was approved by a 5-2 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Bass and Broucek voting No. 2of6 0 Q September 16, 1999 The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SELECT UNIVERSAL FOUNTAINS FOR THE CONSTRUCTION AND INSTALLATION OF A THREE-TIER, ILLUMINATED FOUNTAIN TO BE LOCATED WITHIN THE .TRAFFIC' CIRCLE AT THE INTERSECTION OF MASHTA DRIVE AND HARBOR DRIVE; AND 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 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Oldakowski voting No. 9. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco addressed the Council regarding: changing the date of the Sanitary Sewer Workshop to Tuesday, October 5, 1999. It was the consensus of Council to change the date of the Workshop. Councilmember Fried addressed the Council and the public regarding the necessity of identification stickers for Village residents. Councilmember Fried made a motion directing staff to have a decal designed for Village residents and a card in order to enter the Beach Park. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Chief of Police, Michael J. Flaherty addressed the Council regarding this issue. Councilmember Broucek made a motion to direct the Village Attorney to prepare a proposed ordinance amending the Village's zoning district regulations concerning all commercially zoned lands situated on the West side of Crandon Boulevard, so as to provide appropriate Village zoning districts and regulations in lieu of utilizing Miami -Dade County zoning districts and regulations. Mayor Rasco seconded the motion: Director of Building, Zoning and Planning, Jud Kurlancheek addressed the Council regarding this issue. The Attorney addressed the Council regarding this issue. 3of6 September 16, 1999 Mr. Brian Belt, 201 South Biscayne Boulevard, representing Mr. Roberto Cambo; Nancy Doke Harrison, 200 West Mashta addressed the Council regarding this issue. o"uce'k motion failed -by a 3-4;voice ,vote. The vote vas as follows: Councilmembers Broucek, ''Oldakowski and Mayor Rasco voting Yes. Councilmembers Bass, Fein, Fried and Vice Mayor Han voting No. Councilmember Bass made a motion to amend the Village Manager's compensation Package- , Mayoraasco seconded the motion and it failed by a 2-5 voice vote. The vote was as follows: i'Counciilmember Bass and Mayor Rasco voting Yes. Councilmembers.-Broucek; Fein, Fried, '"Oldakovski and Vice Mayor Han voting No. Councilmember Bass addressed the Council briefly regarding rescinding the Crandon Boulevard portion'of Fininvest Project. 'The Attorney addressed the Council regarding this issue. Councilmember Oldakowski made a motion to direct the Village Manager to present to Council an implementation plan regarding short term improvements on Crandon Boulevard which will increase the safety of pedestrians and bicyclists. The motion was seconded by Councilmember Fein. Chief of Police, Michael J. Flaherty addressed the Council regarding this motion. The Oldakowski motion was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. At this. time Councilmember Bass made a motion to reconsider Item 9A2.. The motion was seconded by Councilmember Broucek and approved by a 4-3 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Oidakowsld and Mayor Rasco voting Yes. Councilmembers Fein, Fried and Vice Mayor Han voting No. The Broucek motion (Item 9A2) was approved by a 4-3 roll -call vote. The vote was as follows: Councilmembers Bass, Broucek, Oldakowski and Mayor Rasco voting Yes. Councilmembers Fein, Fried and Vice Mayor Han voting No. Councilmember Broucek addressed the Council and the public regarding Hurricane Floyd and the state of preparedness of the Village, Mayor Rasco also addressed the Council regarding this issue. 4 of 6 0 0 September 16, 1999 Village Attorney. The Attorney presented to the. Council a proposed ordinance of the Village of Key Biscayne creating code section 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. The Attorney addressed the Council regarding the date for the second budget hearing. Due to Hurricane Floyd, Miami -Dade County is having their second budget hearing on September 21, 1999. According to the Florida Statutes no other community can have their hearing on the same date, unless the Governor issues an emergency notice due to the Hurricane. The Clerk was directed to look into this matter and advise the Council. Village Clerk. The Deputy Clerk address -A the Council regarding the need to appoint a voting and alternate voting delegates to the 1999 Congress of Cities to be held in Los Angeles, California on November 30 to December 4, 1999. It was the consensus of Council to appoint Mayor Rasco, Vice Mayor Han and Councilmember Fried since they are all attending this Congress.; Village Manager. The Manager addressed the Council regarding a report indicating petroleum contamination on 580 Crandon Boulevard. Elaine Cohen, Weiss Serota Helfman and Edward Clark, Clark Engineers & Scientists, Environmental Consultants for the Village, addressed the Council regarding this issue. Councilmember Fein made a motion to give the Attorney authority to request an extension and to terminate the contract if the request is denied. The motion was seconded by Vice Mayor Han and approved by 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Manager presented to the Council a request from the Mashta Island Association for a 3 -way stop sign along North and South Mashta Drives. Councilmember Fried made a motion to authorize Miami -Dade County to study the above request. The motion was seconded by Councilmember'Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Manager addressed the Council regarding the racoon issue. Bob Skinner, 561 Sabal Palm Drive addressed the Council regarding this issue. The Manager addressed the Council giving an update report regarding the swimming pool. Staff will have a subsequent report on this issue for the October Council Meeting. Susan Krupnick, addressed the Council regarding this issue. 5of6 September 16, 1999 anager addressed' the'Coutcil regarding= the =2000 Census.Committee appointments. CouncilmemberBroucek, by consensus of Council, was appointed as liaison to this Committee. The Jerk was directed to call each Councilmember and get the names of their appointees. The Manager addressed the Council regarding the proposed Park/Vista sites (Mashta Island). ouncilmemberflktakowsid made a motion to instruct the Manager to negotiate an offer to purchase 760 Saudi Mashta Drive: The motion was seconded by Counci member Bass. ;, ('n'tncilmember Fein made a motion to table this item. The motion was seconded by Mayor Rasco and approved by a 6-0 voice vote The vote was as follows: Councilmembers Bass, Broucek, Fein, aldakowsld, Vicemayor Han and Mayor Rase& voting Yes: Couneilmember Fried was out of the room at the tinie'tdie vote was taken:° ` "? The Manager presented to the Council a report- regardingtlte property at. 217 West Enid Drive. The Manager addressed the Councilregarding a recap of sanitary sewer bids stating that the results ate being evaluated by the Engineer and the Attorney. 10. OTHERBUS!NESS/GENERAL DISCUSSION: There was no further business discussed. . SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. ADJOURNMENT: The meeting was adjourned at 10:20 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 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 6of6 0 0 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 21 1999 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 Councilrnembers Scott Bass, Martha F. Broucek, Alan H. Fein (arrived at 7:15 p.m.), Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe I. Rasco. Also present were Village manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney John R. Herin, Jr. 2. PLEDGE OF ALLEGIANCE: ` Mayor Rasco led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: Councilmember Bass offered a technical correction to the minutes of the September 9, 1999 meeting. The minutes of the Special Council Meeting of August 31, 1999 and the amended minutes of the First Budget Hearing of September 9, 1999 were appmved by unanimous consent. 4. AGENDA: The Clerk respectfully requested to substitute the budget resolution by the one in front of the Councilmembers due to minor changes in the third whereas clause. There was no objection to the agenda change. 5. BUDGET RESOLUTION: The Clerk read the following resolution by title: A RESOLUTION OF THE VII1 AGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1,1999 THROUGH SEPTEMBER 30, 2000 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. I of 4 k++ September 21, 1999 Vice Mayor Han made a motion to approve the resolution. The motion was seconded by Councilmember Fried and approved by a 4-2 roll call vote: The vote was as follows: Councilmembers Broucek, Fried, Oldakowski and Vice Mayor Han voting Yes. Councilmember Bass and Mayor Rasco voting No. ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN E}'}ECTIVEDATE Councilmember Fried made a motion to adopt the ordinance on second reading. The motion was seconded by Vice Mayor Han. ° The Mayor opened the public hearing.'' Alan Sonnabend, President, Key Biscayne Chamber of Commerce; Ed Stone, 145 Hampton Lane; Ed Meyer, 100 Sunrise Drive addressed the Council. The Mayor closed the public hearing. Councilmember Qldakowski made a motion to increase the line item for the Key Biscayne Chamber of Commerce to the amount of $75,000. Councilmember Fried seconded the motion and it was approved by a 7-0 voice vote. The vote was as follows: Councilmernbers Bass, Broucek Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Broucek' made a motion to increase the Deputy Clerk's salary to $22,50 per hour. The motion was, seconded by Councilmember Oldakowski. Councmember Bass made an amending motion to increase the Deputy Clerk's salary to $21,000 per year r The motion was seconded by Vice Mayor Han and failed by a 2-5 roll call vote. The vote was as follows: Councilmember Bass and Vice Mayor Han voting Yes. Councilmembers Broucek, Fein, Fried, Okiakowski and Mayor Rasco voting No, Vice Mayor Han made a motion to table the Broucek motion. The motion was seconded by Councilmember Oldakowski and failed by a 2-5 voice vote. Councilmember Oldakowski and Vice Mayor Han voting Yes. Councilmembers Bass, Broucek, Fein, Fried and Mayor Rasco voting No. The Broucek motion was approved by a 4-3 roll call vote. The vote was as follows ,Councilmembers Broucek, Fein,. Fried and Mayor Rasco voting Yes. Councilmembers Bass, Oldakowski and Vice Mayor Han voting No. 2 of 4 0 September 21, 1999 Councilmember Fein made a motion to transfer $100,000 from the compensated absences line item to a new line item for Community school improvements. The motion was seconded by Councilmember Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Vice Mayor Han made a motion to add a grant line item in the amount of $25,000. The motion was seconded by MayorRasco and failed by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. Vice Mayor Han made a motion to reconsider the above motion. The motion was seconded by Councilmember Fried and approved by a6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Mayor Rasco voting No. Councilmember Bass made a motion to add a grant line item in the amount of $15,000. The motion was seconded by Vice Mayor Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Oldakowski made a motion to compensate the Deputy Clerk with a $1800 bonus for all the extra hours worked during the Clerk's absence. The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. Councilmember Oldakowski proposed a 2% COLA for Village employees. The motion was seconded by Councilmember Bass and failed by a 3-4 roll call vote. The vote was as follows: Councilmembers Bass, Oldakowski and Mayor Rasco voting Yes. Councilmembers Broucek, Fein, Fried and Vice Mayor Han voting No. Vice Mayor Han made an amending motion to accept the 3% COLA as proposed by the Manager. The motion was seconded by Councilmember Fein. Vice Mayor Han withdrew his motion. Councilmember Oldakowski made a motion to approve the staff re-classification and up -grades as presented by the Manager for the Director of Finance and Administrative Services, the Finance Assistant, the Assistant to the Manager and the Public Works Supervisor. The motion was seconded by Councilmember Fried and approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Councilmembers Bass, Broucek and Mayor Rasco voting No. 3of4 rr= li September 21, 1999 The ordinance as amended Was.' approved by a b -f roll call vote. t} The'vote was as follows: Counclmembers Bass, Broucelc, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Mayor Rasco voting No. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. ADJOURNMENT: The meeting was adjourned at 9:24 p.m. Re •c fully submiJied: Approved this 12th . o October ,.19' u � IF 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4 of 0 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 5, 1999 (IMMEDIATELY FOLLOWING SANITARY SEWER WORKSHOP) 1. CALL TO ORDERIROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 10:30p.m. Present were Counciimembers Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, RobertOldakowski, Vice Mayor Gregory C. Han and Mayor Joe L Rasco. Also present were Village Manager C Samuel Kissinger, Deputy Village Clerk Pamela J. Rome and Village Attorney Richard J. Weiss. At this time, the Mayor requested to hear Item 4A. There was no objection to the request. The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING THE NECESSITY TO MAKE CERTAIN SANITARY SEWER. IMPROVEMENTS AUTHORIZED BY CHAPTER 29.1 OF THE VILLAGE CODE; DECLARING THE COUNCIL'S INTENT TO IMPOSE SPECIAL ASSESSMENTS TO COVER THE COST OF THE IMPROVEMENTS; INDICATING THE NATURE, LOCATION, AND ESTIMATED COSTS OF THE IMPROVEMENTS; PROVIDING THAT A CERTAIN PORTION OF THE EXPENSE OF THE COSTS OF THE IMPROVEMENTS SHALL BE PAID BY SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH THE SPECIAL ASSESSMENTS SHALL BE MADE;' PROVIDING WHEN THE SPECIAL ASSESSMENTS SHALL BE PAID; DESIGNATING THE PARCELS OF LAND UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT, PLAT; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL FOR THE AREA TO BE SERVED BY THE IMPROVEMENTS; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution. .The motion was seconded by Councilmember Broucek. 1 of October 5, 1999 The Attorney addressed the Council regarding this resolution and recommended that Council make he revisions they deem necessary at this meeting and revisit the amended resolution at a future meting. Vice Mayor Han made a amending motion to change the resolution to read that the Village would pay 50% of the costs of the special- assessments instead of 5%. Councilmember Broucek seconded the motion and it was approved by a 5-2.:roll mcailyote ;The• vote wascas follows: Councifinembers Broucek, Filed, Makowski, Vice Mayor Han and lvla9lo* Basco ypting.Yes. Councilmembers Bass and FeinavotingNo. Vice Mayor Han made a motion to table the resolution. The motion was seconded by Councils iember Oldakowski and approved by a 6-1 voice vote.. The vote was as follows: Councilniembers Broucek, Fein, Fried, Oldakowsk, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. The Magee addressed the Council regarding this,resol Vice IvIayor'Han made an amending motion that for those properties for which special, assessments are bping;paidin installments, no special assessment liens forthe improvements shall be placed on the property for which such installments are being paid, unless an installment payment is delinquent. Themotipn'' Was seconded by CouncilmenibeisBass and approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried,Oklakowski, Vice Mayor Han and,Mayor Rasco voting Yes. Councilmember Bass voting NO. Councilnieinber Fried made an'amendment to the amending motion that in the event an installment payment is delinquent, a lien for the total assessment shall be imposed. The motion was seconded by Vice Mayor Han and approved by a 5-2,ro11 call vote. The vote was as follows: Couneilmembers Broueelc, Fein; Fried, Oldakowski and MayeRasco voted Yes, Councilmember Bass and Vice May4 Han voted No At this' time, Councilmembei,'Fried made a„hotion to continue the meeting to, 11:15 p.m. The motion was seconded by Councernember Brorteek and.was approved by a 6:1 voice vote. The vote was as follows: Couneilmentbers frouceic,Fein, ,Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Y4s., Counciimember,Bass vatitg No ` ORDINANCES: The Deputy Clerk iea&the following ordinance, on first reading, by title: t t . ANk ORDMANCE'OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE PROJECT OF THE, VILLAGE FORSEWER COLLECTION AND TRANSMISSION SYSTEM" LATING'TO THE ST*TE REVOLVING FUND LOAN PROGRAM; 2of3 October 5, 1999 MAKING FINDINGS; AUTHORIZING THE CONSTRUCTION LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. Councilmemer Fried made a motion to adopt the ordinance on first reading. The motion was seconded by Vice Mayor Han. The Mayor opened the public hearing. John Festa, 695 Harbor Lane; Sam Davitian, 720 Myrtlewood Lane; Kim Newlin; 755 Allendale Road; Camille Guething, 260 Seaview Drive; Haydee Archibald, 881 Ocean Drive; Alvin Rose, 390 Caribbean Road; Jackie Rose, 390 Caribbean Road; Michael Bracken, 224 West Mashta Drive addressed the Council. The Mayor closed the public hearing. The ordinance on first reading was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han, Mayor Rasco voting Yes. Councilmember Bass voting No. 3. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 4. ADJOURNMENT: The meeting was adjourned at 11:30 p.m. Respectfully submitted: Pamela J. Rom �,e, eputy 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. 3 of 3 MINUTES SANITARY SEWER WORKSHOP VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, OCTOBER 5, 1999 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 Scott Bass, Martha F. Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe 1. Rasco. Also present were Village Manager C. Samuel Kissinger, Deputy. Village Clerk Pamela J. Rome and Village Attorney Richard J. Weiss. The Mayor addressed the Council and public indicating that the purpose of this workshop is to provide information regarding the sanitary sewer project and for residents to express their concerns or questions they might have regarding the project. The Village Manager addressed the Council and the public. Mayor Rasco announced the results of the Special Election held today. A total of 1,348 votes were cast. There were 380 affirmative votes and 967 negative votes. The following residents addressed the Council: John Festa, 695 Harbor Lane; Ann Goodwin, 452 Ridgewood Road; Kiko Sarasua, 442 Hampton Lane; Fernando Figueredo, 524 Ridgewood Road; Alvin Rose, 390 Caribbean Road; Jackie Rose, 390 Caribbean Road; Ed Sawyer, 301 West McIntyre Street and 613 Ocean Drive; Miriam Caylor, 544 Satinwood Drive; Kim Newlin, 755 Allendale Road; Haydee Archibald, 881 Ocean Drive; Jim Peters, 561 Allendale Road, Linda Davitian, 720 Myrtlewood Lane; Sam Davitian, 720 Myrtlewood Lane; Wendy Johannsen, 212 West Mashta Drive; Jose Alberni, 801 Harbor Drive; Dean Holloway, 680 Harbor Lane; John Rosser, 300 Redwood Lane; Camille Guething, 260 Seaview Drive; Martha Z. Corallo, 311 Beechwood Drive; Isabel Hidalgo, 676 Ridgewood Road; Jim Haney, 472 Glenridge Road; Nancy Doke Harrison, 200 West Mashta Drive; Fran Vaccaro, 260 West Mashta Drive; Michael Bracken, 224 West Mashta Drive; Adrianna G. Tijerino, 573 Satinwood Drive; Jim Asher, 381 West Heather Drive; James James, 360 Harbor Lane; Allene Nicholson, 769 Allendale Road; Jonathan Ullman, 544 Femwood Road; Conchita Suarez, 201 Crandon Boulevard. - 1 of October 5, 1999 There was extensive discussion by Council. There being no further business, the meeting was adjourned at 10:30 p.m. Respectfully submitted: Pcarcl,L.) Unit, Pamela J. Rome, Deputy Village Clerk Approvedlhis 26th day of October 19! f.f1Rlvi- 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 THETESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 2 of 2 MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 12, 1999 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 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 (arrived 7:10 p.m.), Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han 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 Attorneys David Wolpin and Richard Weiss. 2. INVOCATION: Father Gabriel Sinisi, Saint Christopher's -by -the -Sea, gave the invocation. Mayor Rasco welcomed Father Sinisi to the Village of Key Biscayne. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. . SPECIAL PRESENTATIONS: There were no special presentations. 5. PUBLIC COMMENTS: The following residents addressed the Council: Camille Guething, 260 Seaview Drive; Jim Asher, 381 West Heather Drive. 6. AGENDA: The Attorney requested to substitute Item. 1013 by an ordinance as Item 8A; Mayor Rasco requested the addition of a discussion concerning sending a letter to affected residents regarding the sanitary sewer as Item 11A4; Councilmember Fein requested the addition of a quick report regarding traffic circles as Item 11A5; Councilmember Oldakowski requested the addition of a brief discussion regarding the compensation study as Item 11A6. There were no objections to the, agenda changes. 1 of 7 October 12, 1999 7. CONSENT AGENDA: The minutes of the Special Council Meeting of July 23, 1999, the minutes of the Regular Council Meeting of September 16, 1999 and the minutes of the Second Budget Hearing of September 21, 1999 were approved by unanimous consent. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR COLLECTION, TRANSPORTATION, AND :DISPOSAL OF SOLID WASTE FOR THE RESIDENTIAL AREAS OF THE VILLAGE ;BETWEEN THE VILLAGE AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC.; PROVIDING AN EFFECTIVE bATE. Vice Mayor Han made a motion to adopt the by Councilmember Fried. rst reading. The motion was seconded The Manager addressed the Council regarding this Ordinance stating that BFI was the low bidder. The ordinance -was approved on first reading by a 6-0' roll' call vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk announced the second' reading of this ordinance for October 26, 1999. 9. PUBLIC HEARING FOR SOLID WASTE FEE: The Clerk read the following resolution by title; A RESOLUTION OF THE VILLAGE COUNCIL OE THE VILLAGE OF KEY BISCAYNE, FLORIDA, REVISING FEES FOR THIS COLLECTION OF SOLID WASTE AND FOR THE PROVIDING OF RECYCLING SERVICES; AMENDING FEES PROVIDED BY RESOLUTION 95-9; REPEALING RESOLUTION 95-9; PROVIDING AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution. 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 resolution was adopted by a 6-0 roll call vote, The'vote'was as follows: Councilmembers Bass, Fein, Flied, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 2 of 7 October 12, 1999 10. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;EXPRESSING SYMPATHY IN THE DEATH OF JACQUELINE V. DE LEON; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Rasco madea motion to approve the resolution. The motion was seconded by Councilmember Fein and adopted by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han 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 APPOINTMENTS TO THE ZONING ORDINANCE REVIEW COMMITTEE AS PROVIDED FOR IN RESOLUTION NO. -99-8; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution appointing Conchita Suarez and Michael Kahn to the ZORC Committee. The motion was seconded by Councilmember Oldakowski and adopted by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH GORGEOUS LAWNS, MIAMI, FLORIDA, FOR THE INSTALLATION OF LANDSCAPING, PAVERS, AND BENCHES WITHIN THE EASEMENT ADJACENT TO THE FERNWOOD ROAD PERIMETER OF ' THE BELLSOUTH PROPERTY, 89 WEST WOOD DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the resolution. The motion was seconded by Mayor Rasco. The Manager addressed the Council regarding this resolution. The resolution was adopted by a 5-1 voice vote. The vote ''was 'as follows: Councilmembers Fein, Fried, Oldakowslci, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. 3of7 0 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF' KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO AWARD A SIDEWALK CONSTRUCTIONCONTRACT FOR WEST WOOI) DRIVE AND WEST HEATHER DRIVE TO MEF CONSTRUCTION, INC.; PROVIDING FOR AN EFFLCTIVE DATE. Coun inemb er Fried made a motion to;approve the resolution. The motion' was seconded by Vice Mayor Han. The Manager addressed the 'Council regarding this resolution stating that after the contractor finishes working on the traffic calnung devices on Island Drive, a work order willihe issued to start the work on West Heather Drive. The traffic calming devices on West Wood Drive are on hold due to the proposed sanitary sewer project; fr Tony Nolan, Williams Hatfieid Stoner addressed the ; oUnci1t iegarz recommeding that the sidewalks be built 8' fromnthe''edge oPpayenxent. Vice Mayor Han made a motion to accept the engineers, recommendation to build a 5': sidewalk, 8' from the edge of pavement on the, south side of West Heather Drive and on the South -Side of West Wood. Drive from Harbor Drive to Curtiswood Drive and on the north side ofk West Wood from Curtiswood Drive, to Crandon Boulevard as indicated in,;the plans. The motion was seconded by Councilmember Oldakowski. The following residents addressed the Council: Dean Holderman, 228 West Wood Drive; Meg Haldeman ; 228 West Wood Drive; Jim Asher, 381 West Heather Drive. There, was extensive discussion from Council regarding t sissue.,. The Attorney addressedthe Council regarding the sidewalks;' The motion was approved by a 4-2 roll -call vote. The vote was as follows: Couneilmembers Bass, Fried, Oklakowski and Vice Mayor Han voting Yes. Councilmember Fein and Mayor Rasco voting No. Meg Holderman, 228 West Wood Drive addressed the. Council.. The resolution was adopted by a 5-1 voice vote. The vote was as follows: Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No: 4of7, October 12, 1999 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco addressed the Council regarding the easement at the Beach Park with a possible solution to the problem and that is that the East Enid Drive residents will be able to use the Sunrise Drive easement. Manuel Arias, 217 East Enid Drive, President of Gardens of Key Biscayne addressed the Council_ Councilmember Bass addressed the Council regarding a request from Miami -Dade County in reference to the Dr. Handwerker Monument. The Manager was directed to look into this matter. Vice Mayor Han made a motion to request that the Village Attorney draft a resolution stating the Council's position on future, referenda that do not follow submission procedure in the Village Charter. The motion was seconded by Councilmember Fein and failed by a 3-3 voice vote. The vote was as follows: Councilmembers Fein, Fried and Vice Mayor Han voting Yes. Councilmembers Bass, Oldakowski and Mayor Rasco voting No. The Attorney addressed the Council regarding the above motion. Mayor Rasco made a motion to mail out a letter informing the affected property owners in regards to the final hearing on November 9, 1999 in reference to the sanitary sewer system with basic information regarding the items to be discussed at the meeting. The motion was seconded by Councilmember Oldakowski -and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Fein addressed the Council regarding the beautification of traffic circles on West Mashta Drive. Councilmember Oldakowski addressed the Council regarding the compensation studyfor the Village, stating that this item will be brought before Council within the next two months. Village Attorney. The Attorney addressed the Council informing them that a letter will be sent to them regarding two litigation matters dealing with zoning items. The Village Attorney addressed the Council regarding the urgency of an Executive Session regarding Crandon Park. It was the consensus of Council to hold an Executive Session on Friday, October 15, 1999 at 8:00 a.m. 5of7; October 12, 1999 At this time it was the consensus of Council to discuss Item 11D5. The Attorney addressed the Council regarding the acquisition of the 560 Crandon Boulevard property stating his recommendation not to close an this property. Elaine CohencWeiss Scrota HelTman Pastoriza & Guedes addressed theCanneal regarding this issue. Vice Mayor Ran made a'motion to terminate the contract tepureiSe'the above mentioned property. The motion was seconded by Councilmember Bass. Vice Mayor Han withdrew his motion. There was extensivc discussion from Council on this issue. Councilmeinber Bass made a motion to terminate the contract to purchase the above, mentioned property. The motion; was seconded by Mayor Rasco and failed-by'a 2-4 voice vote. The vote was as fellow's:;Councilmember Bass and°Mayor Rasco voting Yes' Councilmen -them Fein, Fried, Oldakows'ki. and Vice Mayor Han, voting No, °w ? Councihnember Fein made a motion to go ahead with the-clt singto purchase the above mentioned property, The motion was seconded by Vice Mayor Han and approved by a 4-2 voice vote. The vote was, as follows: Councihrtembers Fein; Fried;Oldakowski, and Vice Mayor Han voting Yes. Counciimember Bass and Mayor Rasco voting No. Village°Clerk. Tae elerk.submitted°the Certificafidifof the? SpecialElection<held October 5, 1999. Vice Mayor Han made,a motion acceptinglhecertification+,of the October 5, 1999 Special Election results as presented by the Clerk.. The''notion+was seconded byCouncilmem er Fein and adopted by a 5-0 voice vote. The vote was as follows: Cotnicilmembers'Bass, Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes.:Councihnember Oldakowslti was out of the room at the time the vote' was taken. Village Manager. The Manager submitted to Council a report regarding the proposed Fire Station. John C. Gilbert, Chief of Fire Rescue, addressed the Council regarding the new proposed Fire Station. At this time Chief Gilbert introduced the new Deputy Fire Rescue Chief, Franklin Barron., The Manager addressed the Council announcing that the Finance Director has submitted his letter of resignation. The Manager addressed the Council reporting on the transportation' issue within the Village: The Chamber of Commerce will hold a symposium regarding this issue within the next two weeks and will have a final report to Council by the end of the year. 6 F c 4r October 12 1999 The Manager submitted to Council an update regarding the Village s Y2K compliance The Manager presented to Council a Hurricane Preparedness report prepared by the Fire Rescue and BZP Departments The Manager addressed the Council regarding the speed limits within the Village stating that the Chief of Police is working on a study that will be ready by the end of the year The Manager addressed the Council regarding a request from Richard B Pinsky the Village s Lobbyist and the Vice Mayor regarding the Village s program for the year 2000 and any other issue that the Council would like to be involved with It was the consensus of Council that the Manager create a list of issues that the Village would like to be involved with for the year 2000 and bring it before Council at a future meeting 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 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 40 p m Re i ec fully submitted Conchita H Alvarez, CMC Village Clerk Joe 1 Rasco Mayor Approved this 26th day of October ,1999 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 VIII AGE ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 26, 1999 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, Martha F. Broucek (arrived at 7:06 p.m.), Alan H. Fein, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Ice L Rasco. Councilmember Mortimer Fried was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys David Wolpin'andJoe Serota 2 PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: The Clerk requested the addition of a resolution regarding Calusa Park as Item 7B; Councilmember Oldakowski requested an update regarding beach renourishment due to Hurricane Irene under the Manager's report; Councilmember Fein requested the addition of a brief discussion regarding garbage pick-up under the Manager's report, Vice Mayor Han requested the addition of a discussion regarding a letter from the Attorney in reference to the Bergfors adv. Village of Key Biscayne Case. There were no objections to the agenda changes. 4. CONSENT AGENDA: The minutes of the Sanitary Sewer Workshop of October, 5, 1999, the minutes of the Special Council Meeting of October 5, 1999 and the minutes of the Regular Council Meeting of October 12, 1999 were approved by unanimous consent. 5. BUILDING, ZONING AND PLANNING: All witness giving testimony in the following zoning hearing were sworn in by the Clerk. 1 of 4 October 26, 1999 Hearing Number 99 -I0 -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 is five (5) ft. 7ud Kurlancheek, Director of Building, Zoning and Planning addressed the Council and the public regarding this request, recommending approval of the variance. The Manager also addressed the Council regarding this request. The Mayor opened the public hearing. Richard Bunnell, President, Bunnell Foundation, Inc_, 7801 N.W. 66 Street, Miami; G `ustave Moreno, 1040 Mariner Drive. The Mayor closed the public hearing. Councilmember Fein made a motion to approve the request. The motion was seconded by Councihnember Bass and failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Bass, Fein, and Mayor Rasco'voting Yes, Councilmembers Broucek, Oldakowski and Vice Mayor Han voting No. Vice Mayor Han made a motion to continue this hearing to the November 16, 1999 Zoning Meeting at 7:00 p.m. The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote. The vote was as fellows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. , ORDINANCES: The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE FOR TIIE RESIDENTIAL AREAS OF THE VILLAGE BETWEEN THE"VILLAGE AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC.; PROVIDING AN EFFECTIVE DATE. Vice Mayor Han made a motion to approve the ordinance orrsecond reading, The motion was seconded by Councilmember Fein. TheMayor openeit a public hearing. There were no speakers present. the public hearing.` The Mayor closed The ordinance was approved on second reading by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 2 of 4 October 26, 1999 RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE ()F KEY BISCAYNE, FLORIDA; ESTABLISHING THE DATE FOR A PUBLIC HEARING REGARDING CONSTRUCTION OF SIDEWALKS ON WEST HEATHER DRIVE AND WEST WOOD DRIVE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Broucek made a motion to approve the resolution. The motion was seconded by Vice Mayor Han.' Haydee Archibald, 881 Ocean Drive addressed the Council. The resolution was approved by a 6-0 voice vote. The vote was as follows: CounciImembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han 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, APPROVING SETTLEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY, FLORIDA CONCERNING THE PENDING LITIGATION OF VILLAGE OF KEY BISCAYNE VS. METROPOLITAN DADE COUNTY, CASE NO. 95-23701 CA 01, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ("LAWSUIT"); AUTHORIZING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO PROVIDE FOR THE DISMISSAL OF THE LAWSUIT IN ACCORDANCE WITH TERMS OF 1'HE SETTLEMENT; PROVIDING FOR Et'FECTIVE DATE. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. Joe Scrota, Weiss Scrota Helfman Pastoriza and Guedes addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. 8 REPORTS AND RECOMMENDATIONS: The following items were discussed:' Village Attorney.' At Vice Mayor Han's request the Attorney addressed the Council regarding the Bergfors adv. Village of Key Biscayne case. 3 of 4 October 26, 7999 CouncilmembefFein made a motion to instruct the Attorney to file a notice of appeal regarding this case. The motion was seconded by Councilmen er Broucek and approved by afi-0 voice vote_ The vote was as follows_ Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Han and 4ayorR=ascovoting'Yes , illag&Manager.`:At Coiincilmember Oldakowsk3's request,. the. Manager addressed the Council ng an update regarding beach renoirishment due to Huaiicanes Floyd and Irene recommending ae Villages lobbyist should get involved on this issue. At the request of Cauncilmember Fein, the ageraddressed the Council regarding the bulky waste pick-up due to Hurricane .Irene. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 10. SCHFIRILE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. ADJOURNMENT:. The meeting Joel. Basco Mayor as adjourned at 7:51 p.m. IFAPERSON DECIDES TO APPEAL ANY DECISIONMADE BY THE, VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING 01? 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 VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 9, 1999 COUNCILCHAMBER 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, Martha F. Broucek, Alan H. Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C. Han and Mayor Joe L Rasco. Also present were Village; Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. INVOCATION: Attorney Weiss gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: The Mayor, on behalf of the Village Council, presented Resolution 99-82 to Dr. Rolando DeLeon in memory of his mother, Jacqueline V. DeLeon. The Mayor, on behalf of the Village Council, presented a check to the following 1999 participants of the Employee Training and Development Program Police' Officer Idalberto Torres and Firefighter/Paramedic Marco Delgado. 5. PUBLIC COMMENTS: The following residents addressed the Council: Jim Peters, 561 Allendale Road; WilI Fade, 375 West Enid and John Festa, 695 Harbor Lane. 1 of 7 November 9, 1999 6. AGENDA: The Manager requested to remove Items 8A1, 9D and 9E from the Agenda; Counciimember Oldakowski requested the removal of Item 7E from the consent agenda and CouncilmrYmber Fried requested the removal of Item 7D from the consent agenda. There was no objection to the agenda changes. CONSENT AGENDA: The following consent agenda was approved by unanimous consent. e Minutes of the October 26.„1999 Zpning, Meeting. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE' VILLAGE MANAGER TO PURCHASE TWO FOUR WHEEL DRIVE FORD EXPLORERS FOR THE POLICE DEPARTMENT FROM THE FLORIDA SHERIFFS BID # 99-07-0913; PROVIDING FOR ANEFVECTIVE,OATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING SPECIFIED PERSONS TO ACCESS A SAFE DEPOSIT BOX; PROVIDING FOR AN EFFECTIVE DATE' Rllovvingordinance, on first reading, by title; AN ORDINANCE OF THE VILLAGE, OF KEY BISCAYNE,FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 29.1 "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGH.1;,I1NNG SANITARY, SEWER, AND OTHER PUBLIC IMPROVEMENTS" BY CREATING, SECTION 291-30 "ALTERNATIVE SPECIAL ASSESSMENT; LIED ,aPROV.I IONSry TO i ENABLE ; ALTERNATIVE SPECIAL ASSESSMENT LIEN PROVISIONS iQ,YB PROVIDED BYARESOLUTION; PROVIDING FOR ,SEVERABILTTt; PROVxIDING F,U? i INCL,I.ISION IN CODE; PROVIDING FOR EF'FLCTIVE;DATE.. CoUncilmembez; Bronrek made a Motion to ,adopt;. seconded by>Councilniember Frieda nance,on first reading. The motion was The Mayor opened the public hearing. John Festa, 695 Harbor Lane; Isabel Gambino, 676 Ridgewood Road addressed the Council. The Mayor closed the public hearing. M A The ordinance was adopted on first readingby a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. Councilmember Bass voting No. 2 of 7 November 9, 1999 The Clerk announced the second reading of this ordinance for December 7, 1999. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE PROJECT OF THE VILLAGE: FOR SEWER COLLECTION AND TRANSMISSION SYSTEM; RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE CONSTRUCTION LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. Vice Mayor Han made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Fried. Mr. Samir Elmir,Department of Health, Miami -Dade County Health Department; Mr. Morton R. Laitner, Chief Legal Counsel, Florida Department of Health, Miami -Dade County Health Department and Mr. Kenneth B. Metcalf, Community Program Administrator, State of Florida Department of Community Affairs addressed the Council regarding the sanitary sewers. The following residents addressed the state officials; Will Firl, 375 West Enid; Alvin Rose, 390 Caribbean Road; John Festa, 695 Harbor Lane; Conchita Suarez, 201 Crandon Boulevard. The Mayor opened the public hearing. John Festa, 695 Harbor Lane; Conchita Suarez, 201 Crandon Boulevard; Haydee Archibald, 881 Ocean Drive; Michael Kahn, 881 Ocean Drive; Betty Sime, 240 Harbor Drive; Isabel Gambino, 676 Ridgewood Road; Camille Guething, 260 Seaview Drive; Ileana Tijerino, 573 Satinwood addressed the Council. The Mayor closed the public hearing. The ordinance was adopted on second reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes. CounciImember Bass voting No. 9 RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING THE NECESSITY TO MAKE CERTAIN SANITARY SF,WER IMPROVEMENTS AUTHORIZED BY CHAPTER 29.1 OF THE VILLAGE CODE; DECLARING THE COUNCIL'S INTENT TO IMPOSE SPECIAL ASSESSMENTS TO 3 of 7 November 9, 1999 COVER THE COST"OF 'THE'IMPROVEMENTS; INDICATING. THE NATURE, LOCATION, AND ESTIMATED COSTS OF THE IMPROVEMENTS; PROVIDING THAT A CERTAIN PORTION OF THE EXPENSE OF THE COSTS OF THE IMPROVEMENTS SHALL BE PAID BY SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH "THE SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN THE SPECIAL SSESSMENTS SHALL BE PAID, DESIGNATING: Tin, PARCELS OF LAND UPON ICH THE SPEC1AL ASSESSMENTS SHALL BE LEVIED;. PROVIDING TOR AN SESSMENT PLAT; AUTHORIZING THE PREPARATION OF AL' PRELIMINARY SESSMENT:ROLL FOR THE AREA TO SE SERVED. BAY THE IMPROVEMENTS; :OYIDING' FOR PUBLICATION OF THIS`:RESOLUTION;`: PROVIDING ..FOR SEVERAIBILITY; PROVH)INGEFFECTIVE DATE. iVice Mayor Han made amotion to approve the resolution„ The motion as seconded by Councilmember Fried. ,' The Attorney and the Village Manager addressed the Council regarding this resolution., The following residents addressed the Council; Mary Willis, 210 Seaview Drive; Camille Guething, 260 Seaview Drive; Cliff Brody, 180 Harbor Drive; Haaydee Archibald, 881 Ocean Drive; Michelle Barnett, 355 West Wood Drive; Larry Radzville, 77 Crandon Boulevard; Ray Sullivan, 625 Harbor Circle; Alvin Rose,, 390 Caribbean Road; Raul Alvarez, 710 Ridgewood Road; Isabel Gambino, 676 Ridgewood Road; Ward Rathbone, 275 West Mashta a 3Gutierrez,,760'Mtlew yr ood Drive; -Iohn; Festa, 695 Harbor Lane; Betty Sim, 240 "`r D�rive,'Paul Au er, X11;11 Cra tdonBoulevard; Meg-Holderman, 228 West Wood Drive; Michael Kahn, 881 Ocean Drive:. There was extensive discussion from Council regardingthis resolution.: Councilmember Fein made an amending motion to eliminate all reference to special assessments. The motion was seconded by CounciImember Bass, Councilmember Fein withdrew his motion. Vice Mayor Han made an amending motion to eliminate paragraphs 7, 8, 9 and 10 of the resolution. The motion was seconded`by Councilmember Broucek and approved by a 7-0 voice vote. The vote , was as follows: Councilmembers. Bass, Broucek, Fein, Fried, Oldakowsk , Vice Mayor Han and Mayor Rasco voting Yes. I. The resolution as 'amended was approved by a 5-2 roll call vote. The vote was as follows: Councilmembers Broucek, Fried,'Oldakowski, Vii;e Mayor Ilan and Mayor Rasco voting Yes. 4of7 0 November 9, 1999 Councilmembers Bass and Fein voting No. Pursuant to Section 2.02 of the Village. Charter, an election was held for the Vice Mayor's seat. Vice Mayor Han nominated Councilmember Broucek. Councilmember Bass nominated Councilmember Fried. Councilmember Bass made a motion to close the nominations. The motion was seconded by Vice Mayor Han and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes: The motion to nominate Councilmember Broucek to serve as Vice Mayor failed by a 3-4 voice vote. The vote was as follows: Councilmember Broucek, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Bass, Fein, Fried and Oldakowski voting No. The motion to nominate Councilmember Fried to serve as Vice Mayor was approved by a 4-3 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Councilmember Oldakowski voting Yes. Councilmember Broucek, Vice Mayor Han and Mayor Rasco voting No. Vice Mayor Han made a motion to reconsider the nomination for Vice Mayor. The motion was seconded by Councilmember Bass and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski and Vice Mayor Han voting Yes. Councilmember Broucek and Mayor Rasco voting No. Vice Mayor Han nominated Councilmember Broucek. Councilmember Fried nominated Councilmember Oldakowski. Vice Mayor Han made a motion to close the nominations. The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and, Mayor Rasco voting Yes. The motion to nominate Councilmember Broucek to serve as Vice Mayor was approved by a 4-3 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Vice Mayor Han and Mayor Rasco voting Yes. Councilmembers Fein, Fried and Councilmember Oldakowski voting No. 5of7 November 9, 1999 The motion to nominate Councilmember Oldakowsk ttsdr4e as" Vice or`faiiled by a 3-4 voice vote. The vote was as follows: Councilmembers Fein, Fried and CounciMa'lmember Oldakowski voting 'Yes. Councilmembers Bass, Broucek; Vice Mayor Han and Mayor Rasco voting No. Vice Mayor Broucek made a motion to extend the meeting until 11:15 p.m. The motion was seconded by Councilmember Gldakowski and approved by a 6-1 voice vote. The vote was as Dhows: Councilnaenzbers Fein, Fried, Han, O14akawvski, Viceaayor`,Broucek and -Mayor Rasco oting Yes. Councilmember Bass voting No. ' e`.Clerk read the following resolution by 'title: A RESOLUTION OF THE, VILLAGE COUNCIL OF THE VIII AGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE'ATTACIIED AGREEMENT WITH' THE `FIRM OF MOYER & ASSOCIATES/SEVERN TRENT ENVIRONMENTAL 'SERI/WEPT' R FINANCIAL SERVICES; PROVIDING FOR AN EFFECTIVE DATE. Caounciknember Councilmember approve 4�G Ye resolution. The motto ;was seconded, by Ern Ward' Vice President of Moyer &&Associates addressed the Council; regarding this resoidtion� P. , The Manager addressed the Council regarding this resolution. The resolution was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Han voting No. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed[ Village Attorney. Elaine Cohen, Weiss Serota Helfman Pastoriza & Guedes addressed the Council regarding the site at 560 Crandon Boulevard stating that the seller did not show up at the closing. was the consensus of Council to discuss this item again at the continuation of this meeting on November 16, 1999: 6of7 0 November 9, 1999 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 November: recognizing the month of November as National Epilepsy Awareness Month; recognizing AYUDA, Inc.; recognizing the Spanish American League Against Discrimination on their 25th anniversary; recognizing November 21 to 28, 1999 as Bible Week and recognizing November 16, 1999 as Turn on the Lights 2000. 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 11:15 p.m. tfully sub wed: Conchita H. Alvarez, CMC Village Clerk Approved this 7th day of December , 1 Joe L Rasco Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGECOUNCIL 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 TESTIMONYAIVD EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 7 of 7 VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 16, W99 (CONTINUATION OF NOVEMBER 9, 1999 COUNCIL MEETING) 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 p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe L Rasco. Councilmember Alan H. Fein was absent. Also present were Village Manager C. Samuel Kissinger, Deputy Village Clerk Pamela 1. Rome and Village Attorney Richard J. Weiss. RESOLUTIONS: The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING BIDS FOR VILLAGE OF KEY BISCAYNE SANITARY SEWER SYSTEM PROJECT NO. 01-640 (THE "PROJECT"); APPROVING CONTRACTS FOR THE PROJECT BETWEEN THE VILLAGE AND UNITED ENGINEERING CORP. FOR ZONE 1 OF THE PROJECT, AND BETWEEN THE VILLAGE AND RIC-MAN INTERNATIONAL FOR ZONES 2, 3 AND 4 OF THE PROJECT; PROVIDING FOR CONDITIONS; PROVIDING FOR EFFECTIVE DATE. Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Patricia Cduiey , PBS&J addressed the Council regarding this resolution. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Pasco voting Yes. 1 of 6 November 16, 1999 The Deputy 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 SPILLIS, CANDELA & PARTNERS, INC. FOR. ARCHITECTURAL SERVICES ASSOCIATED WITH THE DESIGN OF THE POLICE 'STATION AND ADMINISTRATION BUILDING AND CIVIL ENGINEERING SERVICES 'AND RELATED WORK ASSOCIATED WITH TRF CIVIC CENTER; PROVIDING FOR AN EFFECTIVE DATE. CowtcilmemberFriedmadea motion to approve the resolutio Rasco. The Manager addressed the Council regarding this resolution. Reggie Hough and Ralph Martinez from the Department of Management Services and Paul Reinarma , Vice President of Spiilis, Candela & Partners addressed the Council. ayor Rasco niadea motion to defer mis`resol"u"tio`a The motion was seconded by Councilmember ass and failed by 23-3 voice vote. The vote'was as follows: Coucilmember Bass, Vice Mayor 'Broucek and Mayor'Rasco voting it'k err nciime rtl ersFried, Han and Oldakowski voting No. The motion was seconded by Mayor Councilmember Han made an amending motion to authorize the Manager to enter into a contract with Spillis, Candela &'Pa tners, Inc. for the scheinaticphase ate cost of $29,000. The motion was seconded byCouncilmember Oldakowski and failed by,a 3-3 voice vote. The vote was as follows: ounc lmembers Fried, Han and YOidakaws r o " es.., Councilmember..Bass, Vice Mayor . Broucek and Mayor, Rasco voting Nc Couiici nieniber Han made af'motl m to ?d%r uncil nember Bass and approved bye 54 voice Bass, Bari; 0ldakowski, Vice Mayor Broucek an voting No. solution. The motion .vas . second'ed by The vote was as Tallows:= Councilmeubers fiasco voting Yes; Councilmemlier Fried The Deputy 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 AN AGREEMENT WITH JAMES A. CUMMINGS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE VILLAGE CIVICCENTER MASTER PLAN; PROVIDING FOR AN EFFECTIVE DATE. 2of6 0 November 16, 1999 Councilmember Fried made a motion to approve the resolution. The motion was seconded by Councilmember Han. Councilmember Bass made a motion to defer this item for two (2) weeks. The motion was seconded by Councilmember Han. Councilmember Bass withdrew his motion. The resolution was approved by a 5-1 voice vote: The vote was as follows: Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmember Bass voting No. At this time Vice Mayor Broucek made a motion to reconsider the Spillis Candela resolution. The motion was seconded by Councilmember Fried and approved by a 4-2 voice vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski and Vice Mayor Broucek voting Yes. Councilmember Bass and Mayor Rasco voting No. Councilmember Han made an amending motion to authorize the Manager to enter into a contract with Spillis, Candela & Partners, Inc. for the; schematic phase at a cost of $29;000. Councilmember Fried seconded the motion and it was approved by a 4-2 voice vote. The vote was as follows: Councilmembers Fried, Han, Oldakowski and Vice Mayor Broucek voting Yes. Councilmember Bass and Mayor Rasco voting No. The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE FOLLOWING LEGISLATIVE PRIORITIES FOR THE YEAR 2000; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Fried made a motion to approve the resolution. The motion was seconded by Mayor Rasco. The Manager addressed the Council regarding this resolution. Councilmember Bass made an amending motion to add "playing fields excluding Cape Florida State Park". The motion was seconded by Councilmember Oldakowski and failed by a 3-3 voice vote. The vote was as follows: Councilmembers Bass, Oldakowski and Vice Mayor Broucek voting Yes. Councilmembers Fried, Han and Mayor Rasco voting No. The resolution was approved by 6-0 voice vote. The vote was as follows: Councilmembers Bass Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes, 3 of 6 .The Deputy Clerk' read•th'e following resolution;bytitle:. A RESOLUTION 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) TO PERFORM MAGNETOMETER SURVEYS TN CONJUNCTION WITH THE fi PROPOSED 1999 VILLAG BEACH NOURISUMENT AS REQUESTED BY THE, STATE : F FLORIDA. ,DEPARTMENrT,. QF ENVIRONMENTAL. u PRO'TEC'IION,. (DEP); PROVIDING FOR AN EFFECTIVE DATE. CouneilmemberOldakowskr made, a motion to approve the resolution. The motion, 4, „by Councilmember Han. .=: The Manager addressed the Council regarding this resolution. • The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilembers Bass, Fried, Ilan, Oldakowski, Vice Mayor Broucek and.Mayor Rasco voting Yes. The Deputy 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 COASTAL SYSTEMS. INTERNATIONAL, INC., CORAL GABLES, FLORIDA, FOR 'PROFESSIONAL ENGINEERING=SERVICES RELATED TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION= BUREAU OF BEACHES AND COAST AL SYSTEMS (DEP) PERMIT RELATIVE TO THE PROPOSED OCEAN PARK; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by . Councilmember Han and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowsla, Vice MayorFBroucek and Mayor Rasco voting Yes. 10. REPORTS AND, RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers: Mayor Itasco made a motion to direct the Manager to begin the purchasing process for a new portable barbeque. The motion was seconded by Councilmember Oldakowski 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 Bass addressed the, Council regarding an evaluation system for Councilmembers. 4 of 6 November 16, 1999 Councilmember Han addressed the Council regarding illegal parking along Crandon Boulevard. Chief of Police, Michael J. Flaherty addressed the Council. It was the consensus of Council to have Councilmember Han work with the staff to find solutions to the parking problem. Village Attorney. The Attorney addressed the Council regarding the property at 560 Crandon Boulevard. Councilmember Fried made a motion to authorize the Manager to execute an amendment to the contract to extend the closing date for four months. 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. The Attorney addressed the Council stating that an appeal in the Bergfors adv. Village of Key Biscayne has been filed. The Attorney addressed the Council regarding the easement for the Gardens of Key Biscayne - Alhambra Association Inc. At this time, Manuel Arias, 217 Fast Enid Drive addressed the Council. The Attorney addressed the Council regarding Stiltsville Village Clerk. The Deputy Clerk presented to the Council the proposed 2000 Council Meeting schedule. Councilmember Oldakowski made a motion to approve the schedule. The motion was seconded by Councilmember Bass 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. The Deputy Clerk presented to the Council their nominations for the Census Committee. CouncilmemberFried made a motion to approve the nominations for the Census Committee: The motion was seconded by Vice Mayor Han 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. Village Manager. The Manager addressed the Council regarding a stop sign on West, Wood Drive at Ridgewood Road. Councilmember Oldakowski made a motion to put a 4 -way stop sign at West Wood and Ridgewood Roads. The motion was seconded by Councilmember Han and approved by a 6-0 vote. The vote was as follows: Councilmembers Bass, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. 5of6 November 16, 1999 e- Manager, addressed the/council regarding the iranspoxtatinn report by the Key Biscayne ,Chamber of Commerce.. Mr. Alan Sonnabend, President, addressed the, Council regarding the proposed trolleyn,The Council requested that the ;Chamber of Commerce furnish them with further information as well as the results of the workshop at the next Council meeting. 1. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. SCHEDULE OF FUTURE MEETINGS/EVENT'S: A schedule of future meetings,and wasipresentedtito the C unci1. • ADJOURNMENT: T'hemeetingv Respectfully submitted: Pamela J: Rome, Deputy Village Clerk Approved this 7th day of December ,1999 IFA PERSON DECIDES TO APPEAL ANY DECISION MADETBYTHE VILLAGE COUNCIL WITH RESPECT, TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEEDA 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 6of6 MINUTES VIT .i AGE ZONING MEETING VII .i AGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 16, 1999' 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 7:10 p.m. Present were Councilmembers Scott Bass, Mortimer Fried, Gregory C. Han, Robert Oldakowski, Vice Mayor Martha F. Broucek and Mayor Joe L Rasco. Councilmember Alan II. Fein was absent. Also present were Village Manager C Samuel Kissinger, Deputy Village Clerk Pamela J. Rome and Village Attorney Richard J. Weiss: PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: There were no changes to the agenda. 4. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the following zoning hearings were sworn in by the Deputy 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 is five (5) ft. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council and the public regarding this request recommending approval of the variance. The Mayor opened the public hearing. Richard Bunnell, President, Bunnell Foundation, Inc., 7801 Northwest 66th Street, Miami, 33166; Jim Taintor, 355 Harbor Drive; Camille Guething, 260 Seaview Drive addressed the Council. The Mayor closed the public hearing. 1 of 4 November 16, 1999 There was extensive discussion from Councilregarding this variance: Councilmember Han made a motion to deny the variance. The motion was seconded by Vice Mayor Broucek and failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Han, Oldakowski and Vice Mayor Broucek voting Yes. Councilmembers Bass, Fried and Mayor Rasco voting No. Councilmember Fried made a motion to approve the variance. The motion was seconded by Councilmember Bass and failed by a 3-3 roll call vote. The vote was as follows: Councilmembers Bass Fried and Mayor Rasco voting Yes. Councilmembers Han, Oldakowski and Vice Mayor Broucek voting No. Hearing Number 00 -11 -16 -RV -01 Mark Silverman, 200 Cape Florida Drive, the applicant is requesting a regulatory variance to permit a boat dock to project twelve (12) ft. into a canal where the maximum allowed projection is five (5)ft ud Kudanehee k, Director of Building, Zoning and Planning addressed the Council and the public regarding this, request , recommending; that should the Council wish ; to consider DERM's requirements, then it is recommended that the Variance by approved. Alternatively, it is recommended that the Council direct the Z&iing Ordinance Review Committee to review this issue. Mayor Rasco made a motion to defer this hearing to the next Zoning Meeting. The motion was seconded by Councilmember Oldakbws°ki 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. ORDINANCES: There were no ordinances considered by Council. RESOLUTIONS: The Deputy Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF 1'HEVILLAGE OF KEY BISCAYNE, FLORIDA, URGING MIAMI-DADE COUNTY, FLORIDA, THROUGH ITS WATER AND SEWER AUTHORITY DEPARTMENT TO PROVIDE FOR NECESSARY WATERLINE IMPROVEMENTS IN THE VILLAGE OF KEY BISCAYNE IN ADVANCE OF THE VILLAGE'S SANITARY SEWER'PROJECT; PROVIDING FOR EFFECTIVE DATE. .Councilmember Han made a motion to approve the resolution. The motion was seconded by Vice Mayor Broucek. 2of4 November 16, 1999 Councilmember Han made an amending motion to substitute "in conjunction with" for "in advance of". The motion was seconded by Mayor Rasco 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. The resolution as amended was 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. 7. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Mayor Rasco addressed the Council regarding mini parks within the Village. Mayor Rasco made a motion that stated the Council agrees with mini -parks in concept and directs staff to come back with a detailed report on feasibility and cost. Vice Mayor Broucek seconded the motion and it was 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. Village Attorney. The Attorney did not submit a report. Village Clerk. The Deputy Clerk did not submit a report. Village Manager. The Manager addressed the Council regarding a date for a Civic Center Workshop proposing Tuesday, November 30, 1999 at 7:00 p.m. 8. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 9. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 10. ADJOURNMENT: The meeting was adjourned at 8:05 p.m. 3 of 4 November 16, 1999 espectf7tlly shbittitfed 'M,+ = 7,10i Criscs Pamela J Rome, Deputy Village Clerk proved this 7th day of December , Joe I. Rasco Mayor IFA PERSON DECIDES TO APPEAL ANYDECISION MADE BY THE VILLAGE COUNCIL . - s 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 IDE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4of4 VILLAGE COUNCIL MEETING VII J AGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 7, 1999 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 7:09 p.m. Present were Councilmembers Scott Bass (arrived at 7:15 p.m.), 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 Jay Weiss. 2. INVOCATION: Attorney Weiss gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mayor Rasco presented the Five Year Pin Officers Lisa Conlon and Kurt Vanderzyde. Alan Sonnabend, President, Key Biscayne Chamber of Commerce addressed the Council regarding the proposed fee Trolley within the Village of Key Biscayne. 5. PUBLIC COMMENTS: The following residents addressed the Council: Ursula Mucci, 177 Ocean Lane Drive; Conchita Suarez, 201 Crandon Boulevard; Michele Padovan, 425 Grapetree Drive; 6. AGENDA: The Attorney requested to delete Item 8A1 from the agenda. There was no objection to the agenda change. 1 of 5 December 7, 1999 CONSENT AGENDA: The following consent agenda was approved byunanimous consent. The minutes of the November 9, 1999 Regular Council Meeting, the minutes of the November 16, 1999 Zoning Meeting and the minutes of the continuation of the November 9, 1999 Council Meeting. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OR THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THE TEMPORARY CUSTODY OF A CERTAIN PLAQUE FROM THE MIAMI-DADE. COUNTY PARKS AND RECREATION DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to approve the resolution. The motion was seconded by Mayor Rasco and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried, Han, Oldakowski, Vice Mayor,_.Broncek ,and Mayor Rasco voting Yes. The Clerk read the following resolution bx title: A RESOLUTION OF THE VILLAGE CO1bNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE SPILLIS,, CANDELA,AND PARTNERS FOR THE CIVIL ENGINEERING AND ELECTRICAL PLANS ASSOCIATED WITH THE VILLAGE CIVIC CENTER; AND PROVIDING FOB AN EFFECTIVE DATE. CouncilmemberFried. made a motion to approve the resolution.. The motion wasseconded by Councilmember Fein. The Manager addressed the Council regarding this resolution. Councilmember Oldakowski made a motion to table this resolution until such time after the workshop. The motion was seconded by Vice Mayor Broucek and failed by a 3-4 voice vote. The vote was as follows: Councilmembers Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmembers Bass, Fein, Fried and Han votingNo. The resolution,was approved by a4-3 voice vote. The vote was as follows: Councilmembers Fein, Fried, Han and Oldakowski voting Yes. Councilmember Bass, Vice Mayor Broucek and Mayor Rasro voting No. 2 of 5 December 7, 1999 The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE BUILDING, ZONING, AND PLANNING FEE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Fried. Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council regarding this resolution. Councilmember' Bass made a motion to amend the resolution by accepting Option 4. The motion was seconded by Mayor Rasco. Councilmember Bass withdrew his motion. 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; AUTHORIZING THE VILLAGE MANAGER TO COMPLETE THE PLANS FOR CRANDON BOULEVARD GATEWAY BEAUTIFICATION PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Broucek made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. Councilmember Oldakowski made a motion to table this resolution_ The motion was seconded by Councilmember Bass and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes. Councilmembers Fried and Han voting No. 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 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. 3 of 5 Councilmember Han made a motion to approve Councilmember Fried. +The'Mariager addressed the Council regarding this resolution.• December 7, 1999 on._ The,motion.was seconded by Councilmember Bass made a motion to table this resolution to the January 11, 2000 Council Meeting: The motion was seconded by CouncilmembenOldakowski and approved by a 4-3 voice vote.- The vote was as follows: Councilmembers Bass, Oldakowski, Vice Mayor Broucek: and Mayor Rasco voting Yes. Councilmembers Fein, Fried and Han voting No. 10. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councihnember.Fein addressed the, Council regarding, Hearing Number 99 -10 -26 -RV -04.' Councihnember Fein made a motion to reconsider Hearing Number 99 -10 -26 -RV -04 at the January 11, 2000 Council Meeting. The motion was seconded byCouncilmember Bass and approved by a 4-3 voice vote. The vote was as follows: Councilmembers Bass, Fein, Fried and Mayor Rasco voting Yes. Councilmembers Han, Oldakowski and Vice Mayor Broucek voting No. 'The Manager addressed the Council regarding. the, proposed vista -park program. It was the .consensus of Council thatthe Manager bring this item back at a future Council Meeting. Village Attorney. The Attorney requested an Executive Session with Council to; discuss pending litigation items. The Clerk was directed to contact Councilmembers and set a date for the Executive Session; At this time the Mayor addressed the Council and the public stating that he will be meeting with Commissioner Morales regarding the replacement of the water pipes in anticipation of the sanitary sewerpnject: Village Clerk. The Clerk did not submit a report. Village Manager. Chief of police Michael J. Flaherty addressed the Council regarding the speed Iimitswithin the Village. Councilmember Bass made a motion to direct the Attorney to draft an ordinance that addresses the speed limits within the Village for the January 11, 2000, Council Meeting. The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote. The vote was as follows: Councilmembers:Bass, .Fein, Fried, Han, Oldakowski and Mayor Rasco voting Yes. Vice Mayor Broucek was out of the room at the time the vote was taken. 4 of 5 3 December 7, 1999 The Manager addressed the Council regarding a date for the tour of neighboring cities facilities and Civic Center Workshop. It was the consensus of Council to hold the Civic Center Workshop on January 18, 2000 instead of the Goals and Objectives Session. It was the consensus of Council to schedule the tour of neighboring cities facilities for Saturday, January 15, 2000 at 9:00 a.m. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 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 9:10 p.m. R pe lly srybmi ed: Conchita H. Alvarez, CMC Village Clerk Joe L Rasco Mayor Approved this Ilth day of January , 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. 5of5