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HomeMy Public PortalAbout09-13-94 Regular Council Meeting.tifMINUTES VILLAGE OF KEY BISCAYNE VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 13, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by Mayor Festa at 7 05 p m Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, John Waid, Vice Mayor Joe Rasco (arrived at 7 20 p m ), and Mayor John Festa Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo and village attorneys Richard Weiss and Joseph Serota 2 INVOCATION: Deacon Miguel M Gonzalez, of St Agnes Catholic Church, gave an invocation 3 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge 4 APPROVAL OF MINUTES: Councilman Waid made a motion approving the minutes of the meeting of August 9, 1994, the minutes of the special meeting of August 16, 1994, the minutes of the workshop meeting of August 18, 1994, the minutes of the special meeting of August 30, 1994, and the minutes of the special meeting of September 1, 1994 The motion was seconded by Councilman Fried and adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, and Mayor Festa voting Yes 5 AGENDA: Mayor Festa stated that the School Advisory Committee has requested that Item 9-E (school resolution) be deferred until the meeting of September 20, 1994 The mayor also requested that Item 9-F (lawsuit resolution) be taken up at the arrival of County Commissioner Maurice Ferre and representatives of the county Councilman Waid requested discussion regarding the collection fees of stormwater utility fees (Item 10-A-2) Councilman Sime requested the addition of discussion regarding the Virginia Key/ball fields issue (Item 10-A-3) The agenda changes were adopted by the unanimous consent of the Council 6 SPECIAL PRESENTATIONS. Pat Weinman, 570 North Mashta Drive, and Jacqueline Sanchez, 385 Ridgewood Drive, representing several parents, made a presentation to the Council regarding tot lots and playing equipment for Calusa Park and the Crandon Boulevard Tree Farm park Maria Valentine, 55 Ocean Drive, also addressed the Council Page 1 of 7 September 13, 1994 Mayor Festa made a motion approving the group's concept and directing staff to further evaluate the proposal as part of the park's development The motion was seconded by Vice Mayor Rasco Councilman Sime offered an amendment that a maximum of three- quarters on an acre on the tree farm be designated for a tot -lot and allocating an amount not to exceed $98,000 00 for the proposed equipment The motion was seconded by Councilman Llorente and adopted on a 5 - 1 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, and Vice Mayor Rasco voting Yes Mayor Festa voted No The amended Festa motion was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Sime made a motion approving a $25,000 00 appropriation for the purchase of playing equipment for Calusa Park The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes At this time, the Council heard an item relating to the settlement of a lawsuit relating to the county's International Tennis Center The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE EXECUTION OF APPROPRIATE DOCUMENTS FOR THE PURPOSE OF RESOLVING THE LAWSUIT ENTITLED VILLAGE OF KEY BISCAYNE VS. DADE COUNTY, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA INVOLVING THE INTERNATIONAL TENNIS CENTER AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Serota made a presentation to the Council regarding the settlement of lawsuit The attorney indicated that a covenant would be signed by the county committing to the following actions property shall be restricted for tennis only and events shall be limited to no more than three in any twelve month consecutive month period for which on -site parking in legally designated spaces is insufficient and for which parking east of Crandon Boulevard is utilized Joni Coffey, representing the county attorney's office, addressed the Council Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Fried Resolution 94-35 was adopted by a 6 - 0 roll call vote The vote was as follows Page 2 of 7 September 13, 1994 Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes County Commissioner Maurice Ferre also addressed the Council At this time, Attorney Weiss advised the Council that the state has ruled that the county's master plan amendment relating to the Seaquarium project has been ruled inconsistent with the county's master plan 7 PUBLIC COMMENTS: Martha Broucek, 170 Ocean Lane Drive, addressed the Council regarding the Village's sign ordinance and its relation to political signs Bonnie Cooper, 77 Crandon Boulevard, addressed the Council regarding the location of the proposed playground on the Crandon Boulevard tree farm 8 ORDINANCES: There were no ordinances scheduled for Council consideration 9 RESOLUTIONS: The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 23 - 29, 1994, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Fried Resolution 94-31 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING DR. ELLIOT TYLER FOR HIS EFFORTS TOWARDS THE SUCCESSFUL RESTORATION OF THE KEY BISCAYNE BEACH; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sime Stuart Simon, 615 Ocean Drive, and Sandra Goldstein, 611 Ocean Drive, spoke in support of the resolution Resolution 94-32 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The clerk read the following resolution by title Page 3 of 7 September 13, 1994 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING WILLIAM E. CROYSDALE FOR HIS SERVICE TO THE VILLAGE AS A SPECIAL MASTER; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Rasco made a motion adopting the resolution The motion was seconded by Mayor Festa Resolution 94-33 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING JANE YARNELL FOR HER MANY YEARS OF COMMUNITY SERVICE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Festa made a motion adopting the resolution The motion was seconded by Mayor Festa Resolution 94-34 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The following resolution was deferred until the meeting of September 20, 1994 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PERTAINING TO PUBLIC EDUCATIONAL FACILITIES ON KEY BISCAYNE; URGING THE SCHOOL BOARD TO ABANDON ITS CURRENT PLAN TO RENOVATE KEY BISCAYNE ELEMENTARY SCHOOL IN FAVOR OF A PLAN TO BUILD A NEW PUBLIC SCHOOL; URGING THE CONSTRUCTION OF A LOCAL MIDDLE SCHOOL (GRADES 6-8) SIMULTANEOUS WITH AND CONTIGUOUS TO THE NEW ELEMENTARY SCHOOL; PROVIDING FOR TRANSMISSION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 10 REPORTS AND RECOMMENDATIONS: The following items were discussed Mayor and Councilmembers The Council briefly discussed the creation of an Occupational License Equity Study Commission Mayor Festa made a motion creating the commission and requesting that staff prepare recommendations on the matter The motion was seconded by Councilman Sime and ad-^ted by a 4 - 2 The vote was as follows Councilmembers Fried, ime, Waid, and Mayor Festa voting Yes Councilman Llorente and Vice M3 or Rasco voted No Councilman Waid discussed his concerns regarding the collection of stormwater utility fees from condominiums The following Page 4 of 7 September 13, 1994 addressed the Council Lorenzo Kelly, 240 Woodcrest Road, Michele Padovan, 425 Grapetree Drive, and Paul Froehler, 305 Galen Drive Attorney Weiss addressed the matter There was extensive Council discussion regarding the issue Staff was directed to meet with the condominium managers to further discuss the matter Councilman Sime gave an update on her work regarding playing fields on Virginia Key Councilman Sime invited all councilmembers to participate in a site visit scheduled for September 21, 1994 at 5 00 p m Jim Irl, 143 East Enid Drive, addressed the Council Village Attorney Attorney Weiss gave a brief presentation regarding procedures for public zoning hearings as a result of recent Florida Supreme Court rulings Village Clerk The clerk announced that the mayor's office had issued following proclamations Anti -Graffiti Week (October 31 November 4, 1994) and Osteopathic Medicine Week (October 9 - 15, 1994) Village Manager The manager stated that St Agnes Catholic Church has requested a formal agreement between the church and the Village for public use of the athletic field on church property Miguel Gonzalez, 100 Harbor Drive, representing St Agnes Catholic Church, addressed the Council After extensive discussion, it was the consensus of the Council that the manager, church representatives and representatives of the Key Biscayne Athletic Club meet to further discuss the matter and return with a recommendation to the Council at a later date The manager discussed the proposed relocation of the Nixon Villa from its current location at the Key Biscayne Hotel and Villas property Cris Sager, 335 Harbor Drive, addressed the Council The mayor requested that a resolution be drafted in support of the project being coordinated by the Key Biscayne Chamber of, Commerce The manager gave an update regarding the following elements of the Village's stormwater utility project Holiday Colony area, area west of Crandon Boulevard, and water distribution system improvements Henny Becker, 290 West Mashta Drive, addressed the Council The manager reported that bidding documents for bus shelters will be drafted prior to the end of the year He also indicated that Building, Zoning and Planning Department staff is still reviewing the East Enid Drive area Page 5 of 7 September 13, 1994 By consensus, the Council designated the property commonly referred to as the Crandon Boulevard Tree Farm as the "Village Green" The manager gave an update on the progress regarding the development of the Village Green An update was also given regarding the negotiations with the refuse collection contractor The manager presented a summary of the Community Grants program The manager requested that the Council re -consider the application of the Key Biscayne Music and Drama Club Paul Froehler, 305 Galen Drive, spoke in support of the application Councilman Llorente made a motion awarding a grant to the Key Biscayne Music and Drama Club in an amount of $9,975 00 The motion was seconded by Vice Mayor Rasco and adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, and Vice Mayor Rasco voting Yes Mayor Festa voted No The manager announced that the dedication ceremony of the Emergency Services Complex has been tentatively scheduled for November 1, 1994, at 5 00 p m The manager also announced that the Village will be cooperating with the Scottish American Society of South Florida and their annual Scottish Festival Vice Mayor Rasco made a motion approving the agreement between the manager and the society The motion was seconded by Mayor Festa and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The manager introduced Guy Smith, 701 Fernwood Road, who requested the Council's permission for the installation of artwork on Crandon Boulevard during the Fourth of July weekend Councilman Waid made a motion approving the project and granting permission for the installation of the artwork on Crandon Boulevard during the Fourth of July weekend The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes The manager submitted the following informational items monthly departmental reports, monthly financial statement, a memorandum from the police chief, regarding false alarms, dated June 22, 1994, a letter from Scott Cody, University of Florida, regarding population figures, dated August 12, 1994, a letter from Adelphia Cable Communications, to the Federal Communications Commission, regarding cable rate approval, dated August 12, 1994, a letter from Fran Mainella, Florida Department of Environmental Page 6 of 7 September 13, 1994 Protection, regarding recreation planning, dated August 16, 1994, a memorandum from the deputy police chief, regarding immigration, dated August 19, 1994, a letter from Joaquin Avino, Metropolitan Dade County, regarding Crandon Boulevard bike -path, dated August 23, 1994, a letter from Joaquin Avino, Metropolitan Dade County, regarding participation in the county's solid waste management system, dated August 31, 1994, a letter from Armando Vidal, Metropolitan Dade County Public Works Department, regarding county's road impact fee ordinance, dated September 2, 1994, and a letter from Robert Barron, Coastal Management and Consulting, regarding beach weed control, dated September 7, 1994 11 OTHER BUSINESS/GENERAL DISCUSSION: There was brief discussion regarding the Village's sign code The clerk stated that proposed amendments to the sign code will be advertised for first hearing at the Council's meeting of October 11, 1994 Bill Ofgant, 512 Fernwood Road, addressed the Council 12 SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings was presented to the Council and public 13 ADJOURNMENT: The meeting was adjourned at 10 25 p m Approved this 1 day of OCX-d"717 , 1994 age C1 Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MAbrirai CONSIDERED AT A MEETING OR BERING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, .MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TilE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 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