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HomeMy Public PortalAbout06-22-93 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 22, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR Prior to the meeting, members of the Council participated in a walk-through tour of the police station, located at 85 West Enid Drive, together with Manager Kissinger and Emergency Services Director Flaherty 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Conte at 7 00 p m Present were Councilmembers Mortimer Fried, Michael Hill, Joe Rasco, Betty Sime, Raymond Sullivan, Vice Mayor Clifford Brody, and Mayor Rafael Conte Also present were Village Manager Sam Kissinger, Village Clerk Guido Inguanzo, Village Attorney Richard Weiss, Emergency Services Director Michael Flaherty, Fire Chief William Huddleston, Community Development Director Robin Sobrino, and Recreation Director Laurie Tessler 2 INVOCATION Anne Owens, Publisher of the Islander News, gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge 4 APPROVAL OF MINUTES Vice Mayor Brody requested that Page 6, paragraph two, second sentence, the word "can" be replaced by "should " Councilman Sullivan made a motion to adopt the minutes of the meeting of June 8, 1993, as amended The motion was seconded by Mayor Conte and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 5 AGENDA There were no changes to the agenda 6 PUBLIC COMMENTS There were no comments from the public 7 ORDINANCES Mayor Conte read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ESTABLISHING A STORMWATER UTILITY SYSTEM FOR THE VILLAGE, PROVIDING FOR DEFINITIONS, MAKING CERTAIN FINDINGS AND DETERMINATIONS, ESTABLISHING A STORMWATER UTILITY FEE, ESTABLISHING A METHOD AND PROCEDURE FOR THE Page 1 of 9 June 22, 1993 COLLECTION OF STORMWATER UTILITY FEES, DIRECTING THE VILLAGE MANAGER TO MAINTAIN CERTAIN RECORDS, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Attorney Weiss presented an alternate ordinance Carlos Penin, Village Engineer, made a presentation regarding the alternate ordinance Anthony Nolan, president of Williams, Hatfied and Stoner, the Village's stormwater master plan consultant, addressed the Council regarding the proposed alternate ordinance Conchita Suarez, 201 Crandon Boulevard, addressed the Council Sean Fisher, representing the Key Colony Homeowners Association, 1450 Madruga Avenue, Coral Gables, spoke in opposition to the ordinance There was extensive discussion by the Council regarding Mr Fisher's comments Martha Broucek, 77 Crandon Boulevard, representing Ocean Lane Condominium, spoke in support of the ordinance Camille Guething, 260 Seaview Drive, addressed the Council regarding the assessment of the utility on the church properties Nancy Doke, 170 Ocean Lane Drive, spoke in support of the ordinance Donald Meyers, 100 Ocean Lane Drive, also spoke in support of the ordinance Councilman Fried made a motion to adopt the alternate ordinance Councilman Sullivan offered an amendment deleting sub -section b (3) of Section 4 Attorney Weiss recommended designating church properties with a zero E R U Councilman Fried amended his motion to reflect the attorney's comments Councilman Sullivan seconded the amended motion Engineer Penin made further comments regarding the ordinance Members of the Council further discussed the matter Attorney Weiss stated that the Council could amended this ordinance in the future if it became necessary The Fried motion, adopting the amended alternate ordinance, on second reading, passed by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 8 BUILDING AND ZONING Hearing Number 93 -6 -SC -1 The applicant, VSLFII Key Biscayne Hotel Corporation & VMLPIII Key Biscayne Limited Partnership, requested a substantial compliance determination, in accordance with the plans approved by Dade County Resolution Number Z -127 - Page 2 of 9 June 22, 1993 91, for the plans stamped and received May 16, 1993, regarding the property located between East Enid Drive and Seaview Drive and between Crandon Boulevard and the Atlantic Ocean Community Development Director Sobrino made a presentation She stated that the plans, wit'iin the scope of the project, are in substantial compliance Eric Nesse, 750 Ocean Drive, representing the applicant, addressed the Council Gabriel Salazar, of Mouriz Salazar and Associates, and John Flury, of KTGY Group, both architects on the project, also addressed the Council Vice Mayor Brody made a motion finding the plans in substantial compliance pursuant to any recommendations of the Village's Fire Rescue Chief and that any such recommendations be incorporated in the plans, provided that such recommendations be accomplished and the plans still be in substantial compliance in the opinion of the Village's Community Development Director The motion was seconded by Councilman Fried and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilman Hill made a motion to hear an additional item relating to the Key Biscayne Hotel and Villas Councilman Sullivan seconded the motion which was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Judy Reinach, 365 Harbor Lane, requested permission to make a fifteen minute presentation to the Local Planning Agency (L P A ) on Thursday, June 24, 1993 Attorney Weiss stated that the L P A will have to consiaer that request on Thursday Hearing Number 93 -6 -VC -2 The applicant, Jefferson National Bank, requested a conditional permit for the installation of a 24' X 60' double wide trailer banking facility for the period December 1, 1991 through and including September 30, 1993, regarding the property located at 606 Crandon Boulevard Community Development Director Sabrina made a presentation Rudy Garcia, 606 Crandon Boulevard, representing the applicant, and Richard Ober, 301 41st Street, Miami Beach, of Jefferson National Bank, addressed t-ie Council Page 3 of 9 June 22, 1993 There was brief discussion by the Council regarding the application Councilman Rasco made a motion to approve the request pursuant to the following three conditions detailed by the Community Development Director's recommendaton that the applicant apply for and obtain the temporary Certificate of Use and Occupancy prior to June 30, 1993, that the time period for the Demolition Cash Escrow Agreement with the Village be amended through October 15, 1993 prior to the extension of the Certificate, and that the illegal wall signage on the permanent store unit be removed by July 6, 1993 The motion was seconded by Councilman Fried The motion failed to pass on 3 - 4 roll call vote The vote was as follows Councilmembers Rasco, Sime and Mayor Conte voting Yes Councilmembers Fried, Hill, Sullivan, and Vice Mayor Brody voted No Councilman Hill made a motion to approved the request pursuant to the following four conditions detailed by the Community Development Director's recommendation that the applicant apply for and obtain the temporary Certificate of Use and Occupancy prior to June 30, 1993, that the time period for the Demolition Cash Escrow Agreement with the Village be amended through October 15, 1993 prior to the extension of the Certificate, that the illegal wall signage on the permanent store unit be removed by July 6, 1993, and that a photometric study of the site lighting for the shopping center be submitted to the Village by July 6, 1993 The motion was seconded by Councilman Fried and was adopted by a 5 - 2 roll call vote The vote was as follows Councilmembers Fried, Hill, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Councilmembers Rasco and Sime voted No 9 REPORTS AND RECOMMENDATIONS 9-A VILLAGE ATTORNEY The attorney briefly addressed the Council regarding the adoption of state law exempting litigation discussions from the Sunshine Law Councilman Fried made a motion that the Council meet, at a future date, in an executive session, pursuant to the new state law, to discuss current litigation matters affecting the Village The motion was seconded by Councilman Hill and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes 9-B VILLAGE CLERK The clerk reported that no proclamations had been issued by the mayor in the past two weeks Page 4 of 9 June 22, 1993 9-C VILLAGE MANAGER Manager Kissinger recognized Gail Boorman, Village Landscape Architect, who made a presentation to the Council regarding a neighborhood public landscaping plan Councilman Rasco requested the cost of maintaining such a program and a list of priorities for implementing it Conchita S-arez, 201 Crandon Boulevard, addressed the Council regarding this matter The manager discussed the agreement with the Florida Department of Transportation for implementation of the beautification project for Crandon Boulevard Manager Kissinger stated that bids have been received for implementation of the Comprehensive Tree Planting Plan Councilman Fried made a motion to award the bid for street tree planting, in an amount not to exceed $400,000, to Vila and Son Landscaping, Miami, Florida The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Shirley Brill, 550 Ocean Drive, addressed the Council The manager recognized Emergency Services Director Flaherty who made a presentation to the Council regarding the police station site plan Fire Chief Huddleston also addressed the Council and provided a progress report on the Fire Rescue Department Manager Kissinger requested a motion approving installation of beach signs Councilman Sullivan made a motion to waive competitive bidding requirements, in accordance with Ordinance 92-15, and award the contract to install pilings and signs (No Boats/Swim Area) at six (6) locations seaward of the Key Biscayne Beach in an amount not to exceed $18,000 The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The manager recognized Laurie Tessler, Recreation Director, who made a presentation regarding the Celebration '93 summer program Manager Kissinger requested a motion approving computer networks for the Community Development and Emergency Service Departments Councilman Hill made a motion authorizing the Village Manager to purchase a computer network, at a cost not to exceed $18,895 00, from Dell Computers, Austin, Texas, and CompUSA, Miami, Florida, pursuant to state contracts, and waive competitive bidding Page 5 of 9 June 22, 1993 requirements, pursuant to Ordinance 92-15, and purchase software, at a cost not to exceed $36,000 00, from Sierra Computer Systems, Inc , Orlando, Florida, for the Community Development Department, and authoring the Village Manager to purchase a computer network, at a cost not to exceed $23,756 00, from Dell Computers, Austin, Texas, and CompUSA, Miami, Florida, pursuant to state contracts, for the Emergency Services Department The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The manager presented a list of proposals submitted to the Village in response to a request for professional services to draft land use regulations for the single family residential area Vice Mayor Brody made a motion to reject all bids The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte Hill, Rasco, voting Yes Manager Kissinger recognized Yocelyn Galiano, assistant to the manager, who made a presentation regarding the homeowner grant application procedure for compliance with flood plain elevation 9-D MAYOR AND COUNCILMEMBERS Councilman Sime reported that the Local Planning Agency will be meeting on June 24, 1993 Councilman Rasco briefly discussed the role of consultants on Village projects He stated that procedures for justifying the use of consultants be adopted by the Council Councilman Rasco requested that the Recreation Department research the possibility of creating an active water -related safety and recreation program Councilman Sullivan discussed the agenda for the upcoming Council workshop on June 29, 1993 10 RESOLUTIONS Mayor Conte 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 THE FLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING FOR AN EFFECTIVE DATE Page 6 of 9 June 22, 1993 Councilman Fried made a motion to adopt the resolution, seconded by Councilman Sime The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE TO CONTINUE PARTICIPATION IN THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES), PROVIDING FOR AN EFFECTIVE DATE Councilman Hill made a motion to adopt the resolution, seconded by Councilman Fried The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes The mayor read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING MINIMUM PERMIT FEES AND ROOFING PERMIT FEE, PROVIDING FOR AN EFFECTIVE DATE Community Development Director Sobrino discussed the change in the fee schedule Vice Mayor Brody made a motion to amend the resolution and only adopt the roofing permit fee section The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Mayor Conte read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A LEASE FOR FIRE RESCUE OPERATIONS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Brody made a motion to adopt the resolution and authorize the manager to execute the agreement in a form acceptable to the Village Attorney, seconded by Councilman Fried The motion was adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Hill, Rasco, Sime, Sullivan, Vice Mayor Brody, and Mayor Conte voting Yes Page 7 of 9 June 22, 1993 11 COMMITTEE REPORTS There were no committee reports submitted 12 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 13 SCHEDULE OF FUTURE MEETINGS The following schedule of future meetings was presented to the Council and public A SPECIAL LOCAL PLANNING AGENCY MEETING (L P A ) THURSDAY, JUNE 24, 1993, 7 00 P M COUNCIL CHAMBER B DADE LEAGUE OF CITIES INSTALLATION DINNER FRIDAY, JUNE 25, 1993, 7 00 P M BILTMORE HOTEL, CORAL GABLES C SPECIAL LOCAL PLANNING AGENCY MEETING (L P A ) WEDNESDAY, JUNE 30, 1993, 7 00 P M COUNCIL CHAMBER D SPECIAL LOCAL PLANNING AGENCY MEETING (L P A ) THURSDAY, JULY 8, 1993, 7 00 P M COUNCIL CHAMBER E DADE COUNTY COMMISSION MEETING (CRANDON PARK) TUESDAY, JULY 13, 1993, 9 00 A M METRO-DADE CENTER, 111 NORTHWEST 1 STREET, MIAMI F VILLAGE COUNCIL MEETING TUESDAY, JULY 13, 1993, 7 00 P M COUNCIL CHAMBER G SPECIAL VILLAGE COUNCIL MEETING TUESDAY, JULY 27, 1993, 7 00 P M COUNCIL CHAMBER H FLORIDA LEAGUE AUGUST, 12-14, BROWARD COUNTY OF CITIES ANNUAL CONVENTION 1993 CONVENTION CENTER, FT LAUDERDALE I VILLAGE COUNCIL MEETING TUESDAY, AUGUST 10, 1993, 7 00 P M COUNCIL CHAMBER J SPECIAL VILLAGE COUNCIL MEETING TUESDAY, AUGUST 24, 1993, 7 00 P M COUNCIL CHAMBER Page 8 of 9 June 22, 1993 14 ADJOURNMENT The meeting was adjourned at 11 15 p m Approved this 1 3+(. day of , 1993 Villag. Clerk 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, HE 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 Page 9 of 9