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HomeMy Public PortalAbout02-09-99 Regular Council Meeting.tifMINUTES 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 I 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 Fried requested the addition of a brief discussion regarding noise pollution as Item 11A9, Councilmember Broucek requested to add a brief discussion regarding an initiative from a Miami -Dade County Commissioner as Item 11A 10 and the removal of Item 7D from the consent agenda, Vice Mayor Han requested to move Item 11 D 1 (Sidewalks) to the beginning of the resolution section as Item 10A, Mayor Rasco requested the removal of Items 7E and 7F from the consent agenda, Councilmember Bass requested to remove Item 11A6 from the agenda, 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 11D7 and a report from the Police Department as Item 11D 8 7 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 hearing were sworn in 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 time 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 within one 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 annual 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 f) 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 2of11 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 mrnimum 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 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 Fein made a motion to approve the resolution The motion was seconded by Councilmember Fried 3 of 11 February 9 1999 Mayor Rasco 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 Councilmember Fein nominated Chris Sager to the committee Councilmembers are to submit their recommendations 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 the following 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 Councilmembers 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 Yes Staff was directed to include as part of this resolution the different projects time schedule and the estimated time of completion 4of11 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, Oldakowski, 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 5ofll 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, 301 Sunrise Drive, Ward Rathbone, 275 West Mashta Drive, Paul DeLeeuw, 375 West Heather Drive, Juan Santaella, 360 West Heather Drive, Albert Stevens, 701 Myrtlewood Lane, Michella Barnett, 355 West Wood Drive, Jim Taintor, 355 Harbor Drive, Michael Kelly, 310 Palmwood Lane, Fred 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, Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting No Councilmember Bass made an amending motion to include Option 4 in the bid process The motion was seconded by Mayor Rasco and failed by a 3-4 voice vote The vote was as follows Councilmembers Bass, Fein and Mayor Rasco voting Yes Councilmembers 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 Councilmember 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 Broucek 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 Femwood 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 Femwood 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 0 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 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 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 Mayor Rasco made a motion to approve the resolution The motion was seconded by Councilmember Fried Councilmember Bass made an amending motion to add Mr James Pilafian 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 Councilmembers Bass, Fried, Oldakowski and Mayor Rasco voting Yes Councilmembers Broucek, 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 Han and 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 Councilmember Broucek made 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, Fned, 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 a 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, Fem, Fned, 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 be 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 THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR DISASTER RELIEF FUNDING FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) EMERGENCY DECLARATION FEMA-3131-EM-FL RESULTING FROM HURRICANE GEORGES, PROVIDING FOR AN EFFECTIVE DATE Councilmember Bass made a motion to reconsider this resolution The motion was seconded by Vice Mayor Han and approved by a 5-2 voice vote The vote was as follows Councilmembers Bass, Broucek, Oldakowski, 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 Resp ' ully submitted Conchita H Alvarez, CMC Village Clerk ,a,,e(9/ Approved this 23rd day of February ,1999 Joe I Rasco Mayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 11 of 11