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
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